No More Learning

The commonwealth would beyond doubt have been gainer, either the aristocracy had directly introduced hereditary rotation instead of election by the burgesses, or the democracy had produced from within real dema gogic government. But these Optimates and these Popu lares of the beginning of the seventh century were far too indispensable for each other to wage such internecine war
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they not only could not destroy each other, but, even if they had been able to do so, they would not have been willing. Meanwhile the commonwealth was politically and morally more and more unhinged, and was verging towards utter disorganization.
The crisis with which the Roman revolution was opened arose not out of this paltry political conflict, but out of the economic and social relations which the Roman government allowed, like everything else, simply to take their course, and which thus found opportunity to bring the morbid matter, that had been long fermenting, without hindrance and with fearful rapidity and violence to maturity. From a very early period the Roman economy was based on the two factors — always in quest of each other, and always at variance —the husbandry of the small farmer and the money of the capitalist. The latter in the closest alliance with landholding on a great scale had already for centuries waged against the farmer-class a war, which seemed as though it could not but terminate in the destruction first of the farmers and thereafter of the whole commonwealth, but was broken off without being properly decided in consequence of the successful wars and the comprehensive and ample distribu tion of domains for which these wars gave facilities. It has already been shown (pp. 75-82) that in the same age, which renewed the distinction between patricians and plebeians under altered names, the disproportionate accumulation of capital was preparing a second assault on the farming system. It is true that the method was different. Formerly the small farmer had been ruined by advances of money, which practically reduced him to be the steward of his creditor ; now he was crushed by the competition of transmarine, and especially of slave-grown, corn. The capitalists kept pace with the times ; capital, while waging war against labour or in other words against the liberty of the person, of course, as it had always done, under the strictest form of law, waged
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chap. II AND TIBERIUS GRACCHUS
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it no longer in the unseemly fashion which converted the free man on account of debt into a slave, but, throughout, with slaves legitimately bought and paid ; the former usurer of the capital appeared in a shape conformable to the times as the owner of industrial plantations. But the ultimate result was in both cases the same —the depreciation of the Italian farms ; the supplanting of the petty husbandry, first in a part of the provinces and then in Italy, by the farming of large estates ; the prevailing tendency to devote the latter in Italy to the rearing of cattle and the culture of the olive and vine ; finally, the replacing of the free labourers in the provinces as in Italy by slaves. Just as the nobility was more dangerous than the patriciate, because the former could not, like the latter, be set aside by a change of the
constitution ; so this new power of capital was more dan gerous than that of the fourth and fifth centuries, because nothing was to be done against it by changes in the law of the land.
Before we attempt to describe the course of this second Slavery
*** H
great conflict between labour and capital, it is necessary to
give here some indication of the nature and extent of the quence*. system of slavery. We have not now to do with the old,
in some measure innocent, rural slavery, under which the
farmer either tilled the field along with his slave, or, if he possessed more land than he could manage, placed the slave—either as steward or as a sort of lessee obliged to
render up a portion of the produce —over a detached farm
Such relations no doubt existed at all times— around Comum, for instance, they were still the rule in the time of the empire—but as exceptional features in privileged districts and on humanely-managed estates. What we now refer to the system of slavery on great scale, which in the Roman state, as formerly the Carthaginian, grew out of the ascendency of capital. While the captives taken in war and the hereditary transmission of slavery sufficed to
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keep up the stock of slaves during the earlier period, this system of slavery was, just like that of America, based on the methodically-prosecuted hunting of man ; for, owing to the manner in which slaves were used with little regard to their life or propagation, the slave population was constantly on the wane, and even the wars which were always fur nishing fresh masses to the slave-market were not sufficient to cover the deficit. No country where this species of game could be hunted remained exempt from visitation ; even in Italy it was a thing by no means unheard of, that the poor freeman was placed by his employer among the slaves. But the Negroland of that period was western Asia,1 where the Cretan and Cilician corsairs, the real pro fessional slave-hunters and slave-dealers, robbed the coasts of Syria and the Greek islands ; and where, emulating their feats, the Roman revenue-farmers instituted human hunts in the client states and incorporated those whom they captured among their slaves. This was done to such an extent, that
100. about 650 the king of Bithynia declared himself unable to furnish the required contingent, because all the people cap able of labour had been dragged off from his kingdom by the revenue-farmers. At the great slave-market in Delos, where the slave-dealers of Asia Minor disposed of their wares to Italian speculators, on one day as many as 10,000 slaves are said to have been disembarked in the morning and to have been all sold before evening—a proof at once how
enormous was the number of slaves delivered, and how, notwithstanding, the demand still exceeded the supply. It was no wonder. Already in describing the Roman economy of the sixth century we have explained that it was based, like all the large undertakings of antiquity generally, on the employment of slaves (pp. 68/, 82). In whatever direction
1 It was asserted even then, that the human race in that quarter was pre-eminently fitted for slavery by its especial power of endurance. Plautus ( Trin. 54a) commends the Syrians : gtnus qtad fatuntiaimum at kominum.
chap, ii AND TIBERIUS GRACCHUS
307
speculation applied itself, its instrument was without excep
tion man reduced in law to a beast of burden. Trades
were in great part carried on by slaves, so that the proceeds
fell to the master. The levying of the public revenues in
the lower grades was regularly conducted by the slaves of
the associations that leased them. Servile hands performed
the operations of mining, making pitch, and others of a similar kind ; it became early the custom to send herds of slaves to the Spanish mines, whose superintendents readily received them and paid a high rent for them. The vine
and olive harvest in Italy was not conducted by the people
on the estate, but was contracted for by a slave-owner.
The tending of cattle was universally performed by slaves.
We have already mentioned the armed, and frequently mounted, slave-herdsmen in the great pastoral ranges of Italy (p. 74); and the same sort of pastoral husbandry soon became in the provinces also a favourite object of Roman speculation —Dalmatia, for instance, was hardly acquired (599) when the Roman capitalists began to prosecute the 168. rearing of cattle there on a great scale after the Italian fashion. But far worse in every respect was the plantation- system proper—the cultivation of the fields by a band of slaves not unfrequently branded with iron, who with shackles on their legs performed the labours of the field under overseers during the day, and were locked up together by night in the common, frequently subterranean, labourers' prison. This plantation- system had migrated from the east to Carthage 138), and seems to have been brought by the Carthaginians to Sicily, where, probably for this reason, appears developed earlier and more completely than in any other part of the Roman dominions. 1 We find
The hybrid Greek name for the workhouse (ergastulum,ftom (pydfofuu, after the analogy of stabulum, operculum) an indication that this mode of management came to the Romans from region where the Greek language was used, but at a period when a thorough Hellenic culture was not yet attained.
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the territory of Leontini, about 30,000 jugera of arable land, which was let on lease as Roman domain (ii. 313) by the censors, divided some decades after the time of the Gracchi among not more than 84 lessees, to each of whom there thus fell on an average 360 jugera, and among whom only
one was a Leontine ; the rest were foreign, mostly Roman, speculators. We see from this instance with what zeal the Roman speculators there walked in the footsteps of their predecessors, and what extensive dealings in Sicilian cattle and Sicilian slave-corn must have been carried on by the
Roman and non-Roman speculators who covered the fair island with their pastures and plantations. Italy however still remained for the present substantially exempt from this worst form of slave-husbandry. Although in Etruria, where the plantation-system seems to have first emerged in Italy, and where it existed most extensively at least forty years afterwards, it is extremely probable that even now ergastula were not wanting ; yet Italian agriculture at this epoch was still chiefly carried on by free persons or at any rate by non-fettered slaves, while the greater tasks were frequently let out to contractors. The difference between Italian and Sicilian slavery is very clearly apparent from the fact, that the slaves of the Mamertine community, which lived after the Italian fashion, were the only slaves who did not take
186-132. part in the Sicilian servile revolt of 619-622.
The abyss of misery and woe, which opens before our
eyes in this most miserable of all proletariates, may be fathomed by those who venture to gaze into such depths ; it is very possible that, compared with the sufferings of the Roman slaves, the sum of all Negro sufferings is but a drop. Here we are not so much concerned with the hardships of the slaves themselves as with the perils which they brought upon the Roman state, and with the conduct of the govern ment in confronting them. It is plain that this proletariate was not called into existence by the government and could
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not be directly set aside by it ; this could only have been accomplished by remedies which would have been still worse than the disease. The duty of the government was simply, on the one hand, to avert the direct danger to
and life, with which the slave -proletariate threatened the members of the state, by an earnest system of police for securing order ; and on the other hand, to aim at the restriction of the proletariate, as far as possible, by the elevation of free labour. Let us see how the Roman aristocracy executed these two tasks.
property
The servile conspiracies and servile wars, breaking out everywhere, illustrate their management as respects police. Jj^j^— In Italy the scenes of disorder, which were among the immediate painful consequences of the Hannibalic war
102), seemed now to be renewed; all at once the Romans were obliged to seize and execute in the capital
150, in Minturnae 450, in Sinuessa even 4000 slaves (621). 133. Still worse, as may be conceived, was the state of the
Insurreo-
At the great slave-market at Delos and in the
Attic silver-mines about the same period the revolted slaves
had to be put down by force of arms. The war against Aristonicus and his " Heliopolites " in Asia Minor was in substance war of the landholders against the revolted
slaves 278). But worst of all, naturally, was the con-
dition of Sicily, the chosen land of the plantation system, g^3^. Brigandage had long been standing evil there, especially
in the interior began to swell into insurrection. Damophilus, wealthy planter of Enna (Castrogiovanni),
who vied with the Italian lords in the industrial investment
of his living capital, was attacked and murdered by his exasperated rural slaves whereupon the savage band flocked
into the town of Enna, and there repeated the same process on greater scale. The slaves rose in body against their masters, killed or enslaved them, and summoned to the head of the already considerable insurgent army juggler
provinces.
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from Apamea in Syria who knew how to vomit fire and utter oracles, formerly as a slave named Eunus, now as chief of the insurgents styled Antiochus king of the Syrians. And why not ? A few years before another Syrian slave,
who was not even a prophet, had in Antioch itself worn the royal diadem of the Seleucids 292). The Greek slave Achaeus, the brave " general " of the new king, traversed the island, and not only did the wild herdsmen flock from far and near to the strange standards, but the free labourers also, who bore no goodwill to the planters, made common cause with the revolted slaves. In another district of Sicily Cleon, a Cilician slave, formerly in his native land daring bandit, followed the example which had been set and occupied Agrigentum and, when the leaders came to mutual understanding, after gaining various minor advantages they succeeded in at last totally defeating the praetor Lucius Hypsaeus in person and his army, consisting mostly of Sicilian militia, and in capturing his camp. By this means almost the whole island came into the power of the insurgents, whose numbers, according to the most moderate estimates, are alleged to have amounted to 70,000 men capable of bearing arms. The Romans found themselves compelled for three successive
134-182. years (620-622) to despatch consuls and consular armies to Sicily, till, after several undecided and even some unfavourable conflicts, the revolt was at length subdued by the capture of Tauromenium and of Enna. The most resolute men of the insurgents threw themselves into the latter town, in order to hold their ground in that impreg nable position with the determination of men who despair of deliverance or of pardon the consuls Lucius Calpurnius Piso and Publius Rupilius lay before for two years, and reduced at last more by famine than arms. 1
Even now there are not unfrequently found in front of Castrogiovanni, •t the point where the ascent least abrupt, Roman projectiles with the
188. name of the consul of 6ai L. Pitt L. f. cot.
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These were the results of the police system for securing order, as it was handled by the Roman senate and its officials in Italy and the provinces. While the task of getting quit of the proletariate demands and only too often transcends the whole power and wisdom of a government, its repression by measures of police on the other hand is for any larger commonwealth comparatively easy. It would be well with states, if the unpropertied masses threatened them with no other danger than that with which they are menaced by bears and wolves ; only the timid and those who trade upon the silly fears of the multitude prophesy the destruction of civil order through servile revolts or insurrections of the proletariate. But even to this easier task of restraining the oppressed masses the Roman government was by no means equal, notwithstanding the profound peace and the inexhaust ible resources of the state. This was a sign of its weakness ; but not of its weakness alone. By law the Roman governor was bound to keep the public roads clear and to have the robbers who were caught, if they were slaves, crucified ; and naturally, for slavery is not possible without a reign of terror. At this period in Sicily a razzia was occasionally doubtless set on foot by the governor, when the roads became too insecure ; but, in order not to disoblige the Italian planters,
the captured robbers were ordinarily given up by the authorities to their masters to be punished at their discre tion; and those masters were frugal people who, if their slave-herdsmen asked clothes, replied with stripes and with the inquiry whether travellers journeyed through the land naked. . The consequence of such connivance accordingly was, that on the subjugation of the slave-revolt the consul Publius Rupilius ordered all that came into his hands alive —it is said upwards of 20,000 men—to be crucified. It was in truth no longer possible to spare capital.
The care of the government for the elevation of free The labour, and by consequence for the restriction of the slave-
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proletariate, promised fruits far more difficult to be gained
but also far richer. Unfortunately, in this respect there was nothing done at all. In the first social crisis the landlord had been enjoined by law to employ a number of free
labourers proportioned to the number of his slave labourers
Now at the suggestion of the government Punic treatise on agriculture (ii. 151), doubtless giving instructions in the system of plantation after the Carthaginian mode, was translated into Latin for the use and benefit of Italian specu lators — the first and only instance of literary undertaking suggested the Roman senate The same tendency showed itself in more important matter, or to speak more correctly in the vital question for Rome—the system of colonization. It needed no special wisdom, but merely recollection of the course of the first social crisis in Rome, to perceive that the only real remedy against an agricultural proletariate consisted in comprehensive and duly-regulated system of emigration 391); for which the external relations of Rome offered the most favourable opportunity. Until nearly the close of the sixth century, fact, the continuous diminution of the small landholders of Italy was counter
acted by the continuous establishment of new farm-allot ments (p. 48). This, true, was no means done to the extent to which might and should have been done not only was the domain-land occupied from ancient times
private persons 344) not recalled, but further occupa tions of newly-won land were permitted and other very important acquisitions, such as the territory of Capua, while not abandoned to occupation, were yet not brought into distribution, but were let on lease as usufructuary domains. Nevertheless the assignation of land had operated beneficially —giving help to many of the sufferers and hope to all. But
177. after the founding of Luna (577) no trace of further assigna tions of land to be met with for long time, with the exception of the isolated institution of the Picenian colony
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of Auximum (Osimo) in 597. The reason is simple. After 167 the conquest of the Boii and Apuani no new territory was acquired in Italy excepting the far from attractive Ligurian valleys ; therefore no other land existed for distribution there except the leased or occupied domain-land, the laying hands
on which was, as may easily be conceived, just as little agree able to the aristocracy now as it was three hundred years before. The distribution of the territory acquired out of Italy appeared for political reasons inadmissible ; Italy was to remain the ruling country, and the wall of partition between the Italian masters and their provincial servants was not to be broken down. Unless the government were will ing to set aside considerations of higher policy or even the interests of their order, no course was left to them but to remain spectators of the ruin of the Italian farmer-class ; and this result accordingly ensued. The capitalists continued to buy out the small landholders, or indeed, if they remained obstinate, to seize their fields without title of purchase ; in which case, as may be supposed, matters were not always
amicably settled. A peculiarly favourite method was to eject the wife and children of the farmer from the homestead, while he was in the field, and to bring him to compliance by means of the theory of "accomplished fact. " The landlords continued mainly to employ slaves instead of free labourers, because the former could not like the latter be called away to military service ; and thus reduced the free proletariate to the same level of misery with the slaves. They continued to supersede Italian grain in the market of the capital, and to lessen its value over the whole peninsula, by selling Sicilian slave-corn at a mere nominal price. In Etruria the old native aristocracy in league with
the Roman capitalists had as early as 620 brought matters 184. to such a pass, that there was no longer a free farmer there.
It could be said aloud in the market of the capital, that
the beasts had their lairs but nothing was left to the bur-
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gesses save the air and sunshine, and that those who were styled the masters of the world had no longer a clod that they could call their own. The census lists of the Roman burgesses furnished the commentary on these words. From
189. the end of the Hannibalic war down to 595 the numbers of the burgesses were steadily on the increase, the cause of which is mainly to be sought in the continuous and con-
169- siderable distributions of domain-land 101) after 595 again, when the census yielded 328,000 burgesses capable of bearing arms, there appears regular falling-off, for the
161 147. list in 600 stood at 324,000, that in 607 at 322,000, that
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in 623 at 319,000 burgesses fit for service — an alarming result for time of profound peace at home and abroad. If matters were to go on at this rate, the burgess-body would resolve itself into planters and slaves and the Roman state might at length, as was the case with the Parthians, purchase its soldiers in the slave-market
Such was the external and internal condition of Rome, when the state entered on the seventh century of its ex istence. Wherever the eye turned, encountered abuses and decay the question could not but force itself on every sagacious and well-disposed man, whether this state of things was not capable of remedy or amendment There was no want of such men in Rome but no one seemed more called to the great work of political and social reform than Publius Cornelius Scipio Aemilianus Africanus (570-625), the favourite son of Aemilius Paullus and the adopted grandson of the great Scipio, whose glorious surname of Africanus he bore by virtue not merely of hereditary but of personal right. Like his father, he was man temperate and thoroughly
never ailing in body, and never at loss to resolve on the immediate and necessary course of action. Even in his youth he had kept aloof from the usual proceed ings of political novices — the attending in the ante*
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chambers of prominent senators and the delivery of forensic declamations. On the other hand he loved the chase—when a youth of seventeen, after having served with distinction under his father in the campaign against Perseus, he had asked as his reward the free range of the deer forest of the kings of Macedonia which had been untouched for four years —and he was especially fond of devoting his leisure to scientific and literary en joyment By the care of his father he had been early initiated into that genuine Greek culture, which elevated him above the insipid Hellenizing of the semi- culture commonly in vogue ; by his earnest and apt appreciation of the good and bad qualities in the Greek character, and
by his aristocratic carriage, this Roman made an impression on the courts of the east and even on the scoffing Alex andrians. 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
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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
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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*
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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
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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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THE REFORM MOVEMENT book iv
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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THE REFORM MOVEMENT book iv
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
starting-point. ]
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325
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
3*6
THE REFORM MOVEMENT book r*
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
d°m^n viewed it
328
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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THE REFORM MOVEMENT book iv
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
332
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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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.
if ;
it
a
;
a by
it ;
It it it
it
;
it,
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*.