CHAPTER XV. THE GRACCHI AND THEIR REFORMS

TIBERIUS GRACCHUS

It appears that before the time of Scipio’s election to conduct the

Numantian War, it had become a prevalent opinion that some measures

were necessary to arrest the prevailing social evils. The frightful

excesses of the Servile War called attention still more strongly to the

subject; and in the year that Scipio achieved the conquest of Numantia a

leader appeared who was endowed with courage, firmness, self-confidence,

ability, eloquence, and every requisite for political success, except a

larger experience and a larger share of patience and self-control.[b] A.

H. Beesley thus vividly paints the crying evils of the Roman state:

“Everywhere Rome was failing in her duties as mistress of the civilised

world. Her own internal degeneracy was faithfully reflected in the

abnegation of her imperial duties. When in any country the small farmer

class is being squeezed off the land; when its labourers are slaves or

serfs; when huge tracts are kept waste to minister to pleasure; when the

shibboleth of art is on every man’s lips, but ideas of true beauty in

very few men’s souls; when the business sharper is the greatest man in

the city, and lords it even in the law courts; when class magistrates,

bidding for high office, deal out justice according to the rank of

the criminal; when exchanges are turned into great gambling-houses,

and senators and men of title are the chief gamblers; when, in short,

‘corruption is universal, when there is increasing audacity, increasing

greed, increasing fraud, increasing impurity, and these are fed by

increasing indulgence and ostentation; when a considerable number of

trials in the courts of law bring out the fact that the country in

general is now regarded as a prey, upon which any number of vultures,

scenting it from afar, may safely light and securely gorge themselves;

when the foul tribe is amply replenished by its congeners at home, and

foreign invaders find any number of men, bearing good names, ready to

assist them in robberies far more cruel and sweeping than those of the

footpad or burglar’--when such is the tone of society, and such the idols

before which it bends, a nation must be fast going down hill.

“A more repulsive picture can hardly be imagined. A mob, a moneyed class,

and an aristocracy almost equally worthless, hating each other, and hated

by the rest of the world; Italians bitterly jealous of Romans, and only

in better plight than the provinces beyond the sea; more miserable than

either, swarms of slaves beginning to brood revenge as a solace to their

sufferings; the land going out of cultivation; native industry swamped

by slave-grown imports; the population decreasing; the army degenerating;

wars waged as a speculation, but only against the weak; provinces

subjected to organised pillage; in the metropolis childish superstition,

wholesale luxury, and monstrous vice. The hour for reform had surely

come. Who was to be the man?”[c]

Ti. Sempronius Gracchus was son of one of the few Romans in whom public

spirit prevailed over the spirit of party. Though personally hostile to

the great Scipio, we saw him interfere between him and his foes. After

the death of Africanus, the chiefs of the party offered him the hand of

Cornelia, the only surviving daughter of the hero; and from this marriage

twelve sons and one daughter were born in rapid succession. The eldest,

Tiberius, saw the light about 166 B.C., but the father died before his

eldest son reached man’s estate, and Cornelia was left a widow with her

children. The daughter lived; but of all the twelve sons only two grew

up--Tiberius, and Caius who was nine years younger. To the education of

these precious relics Cornelia devoted all the energies of her masculine

mind. She even refused an offer to share the throne of the king of Egypt.

Her dearest task was to watch the opening capacities of her boys. Such

was her hope of their greatness that she used to say she would be known

not as the daughter of Scipio, but as the mother of the Gracchi.

According to the fashion of the day, Greek teachers were called in to

educate the boys. Blossius of Cumæ, and Diophanes a Mytilenean exile,

are mentioned as the instructors, and in later life as the friends, of

Tiberius. Scarcely had Tiberius assumed the garb of manhood when he was

elected into the college of augurs. At the banquet given to celebrate his

installation, App. Claudius, the chief of the senate, offered him his

daughter’s hand in marriage.

When the proud senator returned home, he told his wife that he had that

day betrothed their daughter. “Ah!” she cried, “she is too young; it had

been well to wait a while--unless, indeed, young Gracchus is the man.”

Soon after his marriage he accompanied Scipio to Carthage, where he was

the first to scale the walls.

The personal importance of Gracchus was strengthened by the marriage of

Scipio with his only sister. But this marriage proved unhappy. Sempronia

had no charms of person, and her temper was not good; Scipio’s austere

manners were little pleasing to a bride; nor were children born to form a

bond of union between them.

[Sidenote: [137-133 B.C.]]

It was when Gracchus was about thirty years old (137 B.C.) that he served

as quæstor in Spain. Before this, when he travelled through Etruria to

join the army, he had noted her broad lands tilled not by free yeomen

as of old, but by slaves. Soon after this the Slave War broke out. He

spoke his sentiments freely, and public opinion designated him as the

man who was to undertake the thankless office of reformer. In all places

of public resort the walls were covered with inscriptions calling on

Gracchus to vindicate the rights of all Roman citizens to a share in the

state lands. He presented himself as a candidate for the tribunate, and

was elected.

On December 10th, 134 B.C., he entered upon office. He had already

prepared men for his projected legislation by eloquent speeches, in which

he compared the present state of Italy with her olden time, deplored the

decay of her yeomen and farmers, and the lack of freemen to serve in the

legions. All his arguments pointed towards some measures for restoring

the class of small landed proprietors who were dwindling fast away.

[Sidenote: [133 B.C.]]

In a short time his plan was matured and his bill brought forward.

He proposed to revise the Licinian law of 364 B.C., by which it was

enacted that no head of a family should hold more than five hundred

jugera (nearly 320 acres) of the public land; but to render the rule

less stringent, he added that every son of the family might, on becoming

his own master, hold half that quantity in addition.[74] Whoever was in

possession of more was to give up the excess at once to the state; but

to obviate complaints of injustice, he proposed that those who gave up

possession should be entitled to a fair compensation for any improvements

they had made during the term of their possession. All public lands were

to be vested in three commissioners (_triumviri_), who were to be elected

by the tribes. Their business was to distribute the public lands to all

citizens in needy circumstances, and to prevent lands so distributed

being again absorbed into the estates of the rich land owners; the sale

of the new allotments was altogether prohibited.

The greater part of these public lands had fallen into the hands of

the rich land owners. They had held them, on payment of a small yearly

rent, for generations; and many of these persons had forgotten perhaps

that their possession could be disturbed. After the first surprise was

over, the voices of these land holders began to be heard; but as yet the

majority of the senate showed no disfavour to the law of Gracchus. The

persons interested alleged that the measure, though it pretended only

to interfere with state lands, did in fact interfere with the rights of

private property; for these lands were held on public lease and had been

made matters of purchase and sale, moneys were secured on them for the

benefit of widows and orphans, tombs had been erected on them: if this

law passed, no man’s land could be called his own.

If Gracchus had proposed a forcible and immediate resumption of all state

lands, without compensation for moneys spent on them, these arguments

would have had more weight. Rights arise by prescription; and if the

state had for a long course of time tacitly recognised a right of private

property in these lands, it would have been a manifest injustice thus

abruptly to resume possession. But the Licinian law was evidence that

the state claimed a right to interfere with the tenure of the public

lands. That the Romans felt no doubt about the right is shown by the fact

that in framing his law Tiberius was assisted by his father-in-law App.

Claudius, the chief of the senate, and by P. Mucius Scævola, consul of

the year.

It was certain that the law would be carried in all the country tribes,

because it was precisely in these tribes that the strength of Gracchus

lay, and all his arguments show that he knew it. It was to the country

people, who had lost or were afraid of losing their little farms, that

he spoke.[b] A few specimens of the fervent eloquence of Tiberius still

remain in the fragments[75] quoted in Plutarch[e] and Appian.[g] Plutarch

describes the present event as follows:

“Tiberius defending the matter, which of itself was good and just, with

such eloquence as might have justified an evil cause, was invincible;

and no man was able to argue against him to confute him, when, speaking

in the behalf of the poor citizens of Rome (the people being gathered

round about the pulpit for orations), he told them, that the wild beasts

through Italy had their dens and caves of abode, and the men that fought,

and were slain for their country, had nothing else but air and light, and

so were compelled to wander up and down with their wives and children,

having no resting-place nor house to put their heads in. And that the

captains do but mock their soldiers, when they encourage them in battle

to fight valiantly for the graves, the temples, their own houses, and

their predecessors. For, said he, of such a number of poor citizens as

there be, there cannot a man of them show any ancient house or tomb of

their ancestors, because the poor men go to the wars, and are slain for

the rich men’s pleasures and wealth; besides, they falsely call them

lords of the earth, where they have not a handful of ground that is

theirs. These and such other like words being uttered before all the

people with such vehemency and truth, so moved the common people withal,

and put them in such a rage, that there was no adversary of his able

to withstand him. Therefore, leaving to contradict and deny the law by

argument, the rich men put all their trust in Marcus Octavius, colleague

and fellow-tribune with Tiberius in office, who was a grave and wise

young man, and Tiberius’ very familiar friend. That the first time they

came to him, to oppose him against the confirmation of this law, he

prayed them to hold him excused, because Tiberius was his very friend.

But in the end, being compelled to it through the great number of the

rich men that were importunate with him, he withstood Tiberius’ law,

which was enough to overthrow it.”[e]

The morning came. The Forum was crowded with people expecting the

completion of the great measure which was to restore some share in the

broad lands of Italy to the sons of those who had won them. Strange faces

were seen everywhere: vine-dressers from Campania and the Auruncan hills,

peasants from the Sabine and Æquian valleys, farmers of valley and plain

from the Clanis to the Vulturnus.

Gracchus rose. His speech was received with loud applause by the eager

multitude. When he had ended, he turned to the clerk, and bade him read

over the words of the law before it was put to the vote. Then Octavius

stood up and forbade the man to read. Gracchus was taken by surprise.

After much debate he broke up the assembly, declaring that he would again

bring on his defeated bill upon the next regular day of meeting.

The intervening time was spent in preparing for the contest. Gracchus

retaliated upon the veto of Octavius by laying an interdict on all

public functionaries, shut up the courts of justice and the offices of

police, and put a seal upon the doors of the treasury. Further, he struck

the compensation clauses out of his bill, and now simply proposed that

the state should resume possession of all lands held by individuals in

contravention of the Licinian law.

On the day of the second assembly Gracchus appeared in the Forum

escorted by a bodyguard. Again he ordered the clerk to read the bill;

again Octavius stood forth, and barred all proceedings. A violent scene

followed, and a riot seemed inevitable, when two senators, friends of

Gracchus--one named Fulvius Flaccus--earnestly besought him to refer the

whole matter to the senate. Gracchus consented. But his late impatient

conduct had weakened whatever influence his name possessed in the great

council, and his appearance was the signal for a burst of reproaches. He

hastily left the house, and returning to the Forum gave out that on the

next day of assembly he would for the third time propose his measure; and

that, if Octavius persisted in opposition, he would move the people to

depose their unfaithful tribune.

As the day approached, Gracchus made every effort to avoid this desperate

necessity; but Octavius repelled every advance, and on the morning of the

third assembly, Gracchus rose at once and moved that Octavius should be

deprived of the trust which he had betrayed.

The country tribe, which obtained by lot the prerogative of voting

first, was called, and its suffrage was unanimous for the deposition

of Octavius; sixteen tribes followed in the same sense; the eighteenth

would give a majority of the thirty-five, and its vote would determine

the question. As this tribe came up to vote, Gracchus stopped the

proceedings, and besought Octavius not to force on the irrevocable step.

The tribune wavered; but he caught the eye of one of his rich friends,

and turned coldly from Tiberius. Then the eighteenth tribe was called,

and by its vote Octavius was in a moment stripped of his sacred office.[b]

“These acts of Tiberius Gracchus,” says Beesly, “are commonly said to

have been the beginning of revolution at Rome; and the guilt of it is

accordingly laid at his door. And there can be no doubt that he was

guilty in the sense that a man is guilty who introduces a light into some

chamber filled with explosive vapour, which the stupidity or malice of

others has suffered to accumulate. But, after all, too much is made of

this violation of constitutional forms and the sanctity of the tribunate.

The first were effete, and all regular means of renovating the republic

seemed to be closed to the despairing patriot, by stolid obstinacy

sheltering itself under the garb of law and order. The second was no

longer what it had been--the recognised refuge and defence of the poor.

The rich, as Tiberius in effect argued, had found out how to use it

also. If all men who set the example of forcible infringement of law are

criminals, Gracchus was a criminal. But in the world’s annals he sins in

good company; and when men condemn him, they should condemn Washington

also. Perhaps his failure has had most to do with his condemnation.

Success justifies, failure condemns, most revolutions in most men’s eyes.

But if ever a revolution was excusable this was; for it was carried not

by a small party for small aims, but by national acclamation, by the

voices of Italians who flocked to Rome to vote. How far Gracchus saw the

inevitable effects of his acts is open to dispute. But probably he saw

it as clearly as any man can see the future. Because he was generous and

enthusiastic, it is assumed that he was sentimental and weak, and that

his policy was guided by impulse rather than reason. There seems little

to sustain such a judgment other than the desire of writers to emphasise

a comparison between him and his brother.”[c]

The bill itself was then passed by acclamation, and three commissioners

destined to execute its provisions were elected--Tiberius himself, his

father-in-law App. Claudius, his brother Caius, then a youth of twenty,

serving under Scipio in Spain. The law was not deemed safe unless it was

intrusted for execution to Tiberius and his kinsmen.

In a few weeks Gracchus had risen to the summit of power. He seldom

stirred from home without being followed by a crowd. The Numantian War

and the Servile War still lingered, and the government of the senate was

not in a condition to defy attack. That body now was thoroughly alarmed,

and Gracchus soon proceeded to measures which touched them in their

tenderest point. Attalus Philometor, king of Pergamus, the last of the

line of Eumenes, was just dead, and had bequeathed his kingdom with all

his lands and treasure to the Roman people. In ordinary times the senate

would at once have assumed the disposition of this bequest; but Gracchus

gave notice that he would propose a bill to enact that the moneys should

be distributed to those who were to receive allotments of public land,

in order to assist them in purchasing stock, in erecting farm buildings,

and the like; and he added that he would bring the subject of its future

government before the people without allowing the senate to interfere. He

thus openly announced a revolution.

When Gracchus next appeared in the senate house, he was accused of

receiving a purple robe and diadem from the envoy of the late king of

Pergamus. T. Annius, an old senator, who had been consul twenty years

before, openly taxed the tribune with violating the constitution.

Gracchus, stung to the quick by this last assault, indicted the old

consular for treason against the majesty of the people. Annius appeared;

but before Gracchus could speak, he said: “I suppose, if one of your

brother tribunes offers to protect me, you will fly into a passion and

depose him also.” Gracchus saw the effect produced, and broke up the

assembly.

Moreover, many of his well-wishers had been alarmed by a law, by which

he had made the triumviri absolute judges, without appeal, on disputed

questions with regard to property in land. Many allotments of public land

had been granted, whose titles had been lost; and every person holding

under such condition saw his property at the mercy of irresponsible

judges.

Gracchus felt that his popularity was shaken, and at the next assembly

he thought it necessary to make a set speech to vindicate his conduct

in deposing Octavius. The sum of his arguments amounts to a plea of

necessity. It is true that the constitution of Rome provided no remedy

against the abuse of power by an officer, except the shortness of time

during which he held office and his liability to indictment at the close

of that time. The tribunician authority, originally demanded to protect

the people, might have turned against the people. But was it not open to

Gracchus to propose a law by which the veto of a single tribune might

be limited in its effect? Or might he not have waited for the election

of new tribunes, and taken care that all were tried friends of his law?

Instead of this he preferred a _coup-d’état_, and thus set an example

which was sure to be turned against himself.[76]

The violent language of Nasica and his party made it plain that in the

next year, when his person was no longer protected by the sanctity of

the tribunician office, he would be vigorously assailed. He therefore

determined to offer himself for re-election at the approaching assembly

of the tribes. But his election was far from secure. Harvest-work

occupied the country voters; many had grown cold; the mass of those who

resided in the city were clients and dependents of the nobility. It was

to regain and extend his popularity that he now brought forward three

measures calculated to please all classes except the senatorial families.

First, he proposed to diminish the necessary period of military service.

Secondly, he announced a reform of the superior law courts, by which the

juries were to be taken not from the senators only, but from all persons

possessing a certain amount of property. Thirdly, he provided an appeal

in all cases from the law courts to the assembly of the people.

These measures, which in altered forms were afterwards carried by his

brother Caius, were only brought forward by Tiberius. But this was

enough. His popularity returned in full tide.

When the day of the election came, the prerogative tribe gave its vote

for Gracchus and his friends; so also the next. But it was objected that

the same man could not be chosen in two successive years; and after a hot

debate the assembly was adjourned till next day.

It wanted yet some hours of nightfall. Gracchus came forth into the

Forum, clad in black, and leading his young son by the hand. In

anticipation of his untimely end, he committed his precious charge to his

fellow-citizens. All hearts were touched. The people surrounded him with

eager gesticulations, and escorted him home, bidding him be of good cheer

for the morrow. Many of his warmest adherents kept guard at his doors all

night.[b]

[Illustration: ROMAN COURTYARD FOUNTAIN]

“The father’s affection and the statesman’s bitter dismay,” says Beesly,

“at finding the dearest object of his life about to be snatched from

him by violence need not have been tinged with one particle of personal

fear. A man of tried bravery, like Gracchus, might guard his own life

indeed, but only as he regarded it as indispensable to a great cause.

That evening he told his partisans he would give them a sign next day

if he should think it necessary to use force at his election. It has

been assumed that this proves he was meditating treason. But it proves

no more than that he meant to repel force forcibly if, as was only too

certain, force should be used, and this is not treason. No other course

was open to him. The one weak spot in his policy was that he had no

material strength at his back. Even Sulla would have been a lost man at

a later time, if he had not had an army at hand to which he could flee

for refuge, just as without the army Cromwell would have been powerless.

But it was harvest-time now, and the Italian allies of Gracchus were away

from home in the fields. The next day dawned, and with it occurred omens

full of meaning to the superstitious Romans.”[c]

The adjourned assembly met that morning upon the Capitol, and the area

in front of the temple of Jupiter was filled chiefly by the adherents

of Gracchus, among whom the tribune was himself conspicuous, in company

with his Greek friend and preceptor Blossius of Cumæ. The senate also

assembled hard by in the temple of Faith. Nasica rose and urged the

presiding consul to stop the re-election. But Scævola declined.[77]

On this, Fulvius Flaccus left the senate, informed Gracchus of the

speech of Nasica, and told him that his death was resolved upon. Then

the friends of Gracchus girded up their gowns and armed themselves with

staves, for the purpose of repelling force by force. In the midst of the

uproar Gracchus raised his hand to his head. His enemies cried that he

was asking for a crown. Exaggerated reports were carried into the senate

house, and Nasica exclaimed, “The consul is betraying the republic: those

who would save their country, follow me!” So saying, he drew the skirt

of his gown over his head, after the manner used by the pontifex maximus

in solemn acts of worship. A number of senators followed, and the people

respectfully made way. But the nobles and their partisans broke up the

benches that had been set out for the assembly, and began an assault upon

the adherents of Gracchus, who fled in disorder. Gracchus abandoned all

thoughts of resistance; he left his gown in the hands of a friend who

sought to detain him, and made towards the temple of Jupiter. But the

priests had closed the doors; and in his haste he stumbled over a bench

and fell. As he was rising, one of his own colleagues struck him on the

head with a stool; another claimed the honour of repeating the blow; and

before the statues of the old kings at the portico of the temple the

tribune lay dead. Many of his adherents were slain with him; many were

forced over the wall at the edge of the Tarpeian rock, and were killed by

their fall. Not fewer than three hundred lost their lives in the fray.

Caius had just returned from Spain,[78] and asked leave to bury his

brother’s corpse. This was refused. The triumphant party ordered the

bodies of Tiberius and his friends to be thrown into the Tiber before

morning. Thus flowed the first blood that was shed in civil strife at

Rome.

Tiberius Gracchus must be allowed the name of Great, if greatness be

measured by the effects produced upon society by the action of a single

mind, rather than by the length of time during which power is held,

or the success that follows upon bold enterprises. He held office not

more than seven months; and in that short time he so shook the power of

the senate, that it never entirely recovered from the blow. His nature

was noble; his views and wishes those of a true patriot. But he was

impatient of opposition, and by his abrupt and violent conduct provoked

a resistance which he might have avoided. When the moment of action

came, his temper was too gentle, or his will too irresolute, to take the

bold course which his own conduct and that of the senate had rendered

necessary.

When Scipio, in the camp before Numantia, heard of his kinsman’s end, he

exclaimed in the words of Homer:

“So perish all and every one who dares such deeds as he!”

But the sequel will show that it was not so much of the political

measures of Gracchus that Scipio disapproved, as of the impatience which

he had shown and the violence which he had used in carrying them. Such

defects of character were of all most displeasing to a soldier and a

stoic.

RETURN AND DEATH OF SCIPIO THE YOUNGER

[Sidenote: [133-132 B.C.]]

The struggle had now commenced between the oligarchy and the democracy.

This struggle was to last till the dictator Sulla for a time restored the

senate to sovereignty, which was wrested from them again by a dictator

yet more potent than Sulla. But we should be wrong to assume that the

senate and the oligarchy were always identical. At times they were so,

for at times the violent party among the nobles were in command of a

majority in the senate; but a moderate party always existed, who stood

between the nobility and the democracy. It was the violent party, headed

by Nasica, not the body itself, which was responsible for the death of

Gracchus. The senate did not support them.

The people were allowed to proceed quietly to the election of a new

commissioner in the place of Gracchus, and their choice fell on P.

Licinius Crassus, brother by blood of the consul Scævola, who had been

adopted into the family of the Crassi. His daughter had lately been

married to young Caius Gracchus, and he now became the acknowledged

leader of the party.

Nor did the senate attempt to shield Nasica from popular indignation. He

was branded as the murderer of Gracchus, and his friends advised him to

quit Italy, though, as chief pontifex, he was prohibited from doing so.

No long time after he died at Pergamus, and Crassus succeeded him in the

pontificate.

But in the course of the next year (132 B.C.) the senate was induced to

give the new consuls a commission to inquire into the conduct of those

who had abetted Gracchus. They began their proceedings by associating

with themselves C. Lælius, a man of known moderation. Before the inquiry

commenced, Lælius sent for Blossius, and questioned him privately as to

his part in the late disturbances. He excused himself on the ground that

he had only followed the tribune’s orders.

“That,” said Lælius, “is no excuse. What would you have done if he had

ordered you to set the Capitol on fire?”

“Gracchus,” replied Blossius, “could never have given such an order.”

“But if he had?” insisted Lælius.

“Then,” said Blossius, “I would have done it.”

This bold partisan, however, was suffered to escape. Diophanes of

Mytilene, another of the preceptors of Gracchus, was arrested by the

consuls and put to death. Others also lost their lives, and some escaped

death by exile. These whole proceedings were in violation of the laws of

appeal; for the consuls had no legal power to try and condemn within the

city.

It was not probably till the autumn of this year that Scipio celebrated

his Numantian triumph. It was not gorgeous with spoils and a long

train of captives, for the Numantians had buried themselves and their

possessions beneath the ruins of their city. But the presence of Scipio,

at this moment, was or might be pregnant with results; and as he passed

in procession to the Capitol, many eyes turned to him with expectation.

It might be thought that his approval of the death of Gracchus

sufficiently indicated what part he intended to take. But it was possible

for him to disapprove of the conduct of Gracchus without disapproving of

his purpose. The countrymen of Latium and Italy had fought under him at

Carthage and at Numantia. It was known that among the rest he had shown

especial honour to a young soldier of Arpinum, of humble birth and rude

manners. On one occasion he had invited this youth to supper, and placed

him by his side; and when some flatterer asked where a general could be

found to succeed him, “Perhaps here,” he said, laying his hand on the

young soldier’s arm. This youth was C. Marius.

Whatever doubt might rest on Scipio’s intentions, he soon made it clear

that he had no intention of holding out a hand to the civic populace. One

of the partisans of Gracchus, by name C. Papirius Carbo, a man of ready

wit, but in character turbulent, reckless, and unprincipled, hoped to

raise himself to importance by means of this rabble. He was tribune for

the year, and had carried a law for extending the use of the ballot into

the legislative assemblies of the people. He now brought forward another

bill, making it legal to re-elect a tribune to a second year of office.

Scipio and Lælius opposed the measure, and the former spoke so warmly

against it, that it was rejected by the tribes, though young C. Gracchus

made his first public speech in its favour. It was then that Carbo

publicly demanded of Scipio what he thought of the death of Gracchus.

“That he was rightly put to death,” Scipio promptly replied. At these

words an angry shout was raised. Scipio turned sternly to the quarter

from which it came. “Peace,” he said, “ye stepsons of Italy; remember who

it was that brought you in chains to Rome.”

[Sidenote: [131-130 B.C.]]

Early in the same year, however (131 B.C.), an incident occurred which

also parted Scipio from Crassus. The consuls for the year were Crassus

himself and L. Valerius Flaccus. The former was pontifex maximus, the

latter was flamen of Mars. It happened that one Aristonicus, a bastard

son of the last Eumenes, had raised an insurrection in the mountain

districts near Pergamus, and matters had become so serious that a

consular army was required. Both consuls were eager for command; but by

reason of their sacred offices they were both legally unable to leave

Italy, and Scipio’s tried skill in war pointed him out as the fittest

man for command. Yet such was the popularity of Crassus, that out of

thirty-five tribes, two only voted for Scipio and the rest for him.

Considering a vote of the people as superior to the law, he completed his

levies and set out for Pergamus, never to return. Scipio retired from

Rome in disgust.

In this same year the censorship was held by Q. Metellus and Q.

Pompeius--an event noted by all the historians as memorable, since now

for the first time two men of plebeian blood were elected to the most

august magistracy of the state. It is rather matter of wonder that an

artificial distinction, which for all practical purposes was obsolete,

should have been so long retained in the censorship, than that it should

now have ceased.

If Crassus had returned, he might have taken more active steps to

diminish the violence which the democratic leaders were beginning to

encourage. But early in the year 130 B.C. he was defeated by Aristonicus

in a pitched battle, and taken prisoner. The Roman statesman and jurist,

deeming slavery intolerable, purposely struck the barbarian who had

captured him in the face with his sword-belt, and was instantly cut down.

His head was carried to Aristonicus, his body interred at Smyrna.

About the same time died App. Claudius. The natural leader of the

Gracchan party would now have been C. Gracchus. But this young man

had withdrawn from public life at the advice of his mother Cornelia.

Consequently fresh power fell into the hands of the reckless Carbo, who

was supported by Fulvius Flaccus; and the whole character of the party

became more positively democratic.

These leaders sought to recover their popularity with the country tribes

by calling the Agrarian law into fresh life. Of the three commissioners

elected for the year C. Gracchus still appeared on the list; the

vacancies made by the deaths of Crassus and App. Claudius were filled by

Carbo and Flaccus.

The rich landholders had endeavoured to baffle the law by passive

resistance. To foil this policy, Carbo and his colleagues issued a

proclamation, calling for information against all who had not duly

registered themselves as holders of public land. The call was readily

obeyed, and the triumvirs were soon overburdened with names. The next

step was to decide on the rights of the present holders, and to determine

the boundaries between the private and the public lands in each estate.

This was a task of extreme delicacy, and here the loss of Crassus was

sensibly felt. The ignorant and reckless Carbo raised up a host of

formidable opponents.

[Illustration: SCIPIO LEAVING ROME]

[Sidenote: [130-129 B.C.]]

Portions of the public land had often been alienated by grant or sale.

The holders were now, in consequence of Carbo’s proclamation, suddenly

called upon to produce their title deeds, which in many cases were

missing; so that a vast number of these holders were liable to be

stripped of lands which were undoubtedly their own. Further, in cases

where persons held property partly public and partly private, there were

often no documents to show which part was public and which private. The

commissioners acted in the most arbitrary way, and exasperated a vast

number of persons throughout all Italy; and thus a new popular party was

called forth, which exercised a most important influence on the events of

the next fifty years. In Carbo’s rash haste to win the Roman countrymen

he recked not of the hostility of Latins and Italians; and those who had

lately worshipped Gracchus now rose like one man to oppose those who now

pretended to represent Gracchus.

These new opponents of the Agrarian law had no mind to join the Roman

oligarchs, but turned to Scipio and supplicated him to undertake their

cause. They had claims upon him, for they had volunteered to fill

his army when the senate had no money to give him, and he had always

manifested sympathy with them. Averse as he was from party politics,

he did not shrink from the task, and the moderate party in the senate

welcomed his return. He began by moving that a decree should issue for

withdrawing from the triumvirs the judicial power with which they had

been invested by Gracchus, and transferring the jurisdiction to the

consuls. The decree passed, and the task was committed to C. Sempronius

Tuditanus, a man of refined taste, fonder of art and literature than of

business. But news came of a movement among the Iapydes, a people on the

Illyrian frontier; and Tuditanus eagerly seized this excuse for hastening

to Aquileia, feeling confident that he could better cope with barbarous

enemies than with the more barbarous perplexities of the law.

[Sidenote: [129 B.C.]]

All proceedings were thus cut short. The senate had taken away

jurisdiction from the triumvirs; the consul to whom it was committed had

fled. General discontent arose. Scipio was accused of having betrayed

Roman interests to the Italians. His enemies spread reports that he had

sold himself to the oligarchy, that he intended to repeal the Sempronian

law by force, and let loose his Italian soldiery upon the people of Rome.

Scipio felt that it was necessary to explain his motives, and announced

his purpose of delivering set speeches, one day in the senate, and the

day after in the Forum. The first only of these purposes was fulfilled.

By his speech in the senate he pledged himself to maintain the rights of

the Latins and Italians against the triumvirs, and to prevent the unjust

resumption of the lands that had been granted to them. The senate loudly

applauded; and Scipio was escorted home by the mass of the senators with

a jubilant crowd of Italians. Many thought this the most glorious day of

his life. He retired to rest early, in good health. In the morning he was

found dead in his bed. By his side lay the tablets on which he had been

noting down the heads of the oration which he had intended to make next

day.

The death of Scipio struck consternation into the hearts of the senators.

Metullus exclaimed that he had been murdered. It is said that on the

neck marks as of strangulation appeared; and when he was carried out to

burial the head was covered, contrary to custom. At the moment suspicion

attached to C. Gracchus, and to his sister Sempronia, the wife of Scipio.

But these unfounded rumours soon passed over; and it was confidently

affirmed that Carbo was the murderer. Cicero speaks of it as an undoubted

fact; the character, as well as the subsequent history, of the man

justifies the belief.[b] Appian,[g] on the other hand, is non-committal,

mentioning rumours against Cornelia as well as Sempronia, and adding

that “some believe he gave himself this death, because he saw he could

not perform what he promised”; while others assert “that Scipio’s slaves

under torment confessed that some unknown men they had let in at the back

door had strangled him, and that they dared not disclose the murder,

because they knew that the people, hating Scipio, rejoiced at his death.”

Of modern authorities, George Long[d] thinks “the circumstances of

Scipio’s death were suspicious.” But he doubts even that Cicero believed

his own charge against Carbo; and adds “the conclusion should be that

Scipio died a natural death.” Ihne[f] says: “After a minute and careful

examination of the circumstances, there appears to be no reason to doubt

that Scipio’s death was natural.” This, however, is perhaps stating the

case a little too strongly. Whatever the balance of probability, it

can never be proven conclusively whether Scipio died naturally or by

violence: in the minds of some investigators, the question will always

hold a place in the long list of historical uncertainties.[a]

Thus died the younger Africanus. No public honours attested his public

services. The funeral feast was furnished in the most thrifty manner by

his nephew Q. Tubero, a rigid stoic, who was glad thus to remind the

people of their ingratitude.

Scipio possessed no lofty genius like the great man whose name he bore;

yet there was at Rome no one of his own time to be compared with him.

To say that he was the best general of the day is little praise, for

military talent was at that time scarce; but no doubt his abilities for

war would have won him glory in the best times of the republic. His

disinterested generosity has been already noticed; at his death he was

found to be no richer than when he succeeded to the inheritance of the

great Scipio. His love of the country and his habitual reserve led him

to shun public life. But the austere manner and severe gravity which he

commonly affected gave way among his friends; and there is nothing that

more raises our esteem for Scipio than the warm attachment borne to him

by such men as Polybius, as well as Lælius, Rupilius, and others, whom

Cicero has introduced into his beautiful dialogues. Scipio has usually

been represented as a stiff adherent of the oligarchy, but the facts of

history disprove this opinion. He might have lived some years to moderate

the fury of party strife, to awe the factious, and to support just

claims; for at his death he numbered no more than six-and-fifty years.

His death at this moment was perhaps the greatest loss that the republic

could have suffered.[b]

The general verdict on Scipio is laudatory. Even George Long,[d] who

ridicules the usual historical summing-up of great men, finds Scipio

worthy of much praise, but Beesly is of such contrary mind that he may

well be quoted:

“He is usually extolled as a patriot who would not stir to humour a Roman

rabble, but who, when downtrodden honest farmers, his comrades in the

wars, appealed to him, at once stepped into the arena as their champion.

In reality he was a reactionist who, when the inevitable results of those

liberal ideas which had been broached in his own circle stared him in

the face, seized the first available means of stifling them. The world

had moved too fast for him. As censor, instead of beseeching the gods to

increase the glory of the State, he begged them to preserve it. Brave as

a man, he was a pusillanimous statesman. It was well for his reputation

that he died just then. Without Sulla’s personal vices he might have

played Sulla’s part as a politician, and his atrocities in Spain as well

as his remark on the death of Tiberius Gracchus--words breathing the

very essence of a narrow swordman’s nature--showed that from bloodshed

at all events he would not have shrunk. It is hard to respect such a man

in spite of all his good qualities. Fortune gave him the opportunity

of playing a great part, and he shrank from it. When the crop sprang

up which he had himself helped to sow, he blighted it. But because he

was personally respectable, and because he held a middle course between

contemporary parties, he has found favour with historians, who are too

apt to forget that there is in politics, as in other things, a right

course and a wrong, and that to attempt to walk along both at once proves

a man to be a weak statesman, and does not prove him to be a great or

good man.”[c]

CAIUS GRACCHUS AND HIS TIMES

[Sidenote: [129-126 B.C.]]

The sudden death of Scipio was followed by a calm. The turbulent Carbo

vanishes from the scene, till nine years later he reappears as a champion

of the violent oligarchical party. C. Gracchus was still living in

retirement. Fulvius Flaccus was content to let the Agrarian law sleep

in face of the portentous difficulties created by the measures of the

triumvirs. Nor was there anything in foreign affairs to ruffle the

general calm. But under this external tranquillity a leaven of agitation

was at work. It was not to be expected that the new-born jealousy which

had sprung up between the Romans on the one side and the Latins and

Italians on the other, would fall asleep. Proposals, however, were set

afloat for reconciling these two opposing interests. The Italians were

led to hope that they might be made citizens of Rome, on condition that

they should not resist the execution of the Agrarian law.

But the burgesses of Rome soon perceived that the admission of the Latins

and Italians to the Roman franchise would reduce them to comparative

insignificance. All the benefits now derived from the provinces by

Romans exclusively must then be shared with a vastly increased number

of citizens, and the profits as well as the power of a Roman must be

materially diminished. In the year 126 B.C. a large number of Italian

strangers flocked to Rome, eager for the promised boon. But by this time

public opinion at Rome was so far changed that M. Junius Pennus, one

of the tribunes, brought forward what we may call a severe alien-act,

by which all strangers were compelled to quit Rome. The successors of

Gracchus, however, remained constant to their new policy, and Caius

himself was induced to speak in public for the second time. But he was

unsuccessful. The law of Pennus was passed; and from this time may be

dated that angry contest of feeling between the Romans and the Italians

which after thirty-eight years found vent in a bloody war.

When Caius delivered this speech he was quæstor-elect for the next

year. He was appointed to serve under the consul L. Aurelius Orestes,

when this officer undertook to reduce the Sardinian mountaineers, who

had been subjugated by the father of young Gracchus fifty years before.

After the first year’s operations Orestes was at a loss for supplies and

clothing; and from this difficulty he was relieved by his quæstor, who

by the memory of his father and his own persuasive eloquence induced the

Sardinian colonists to give voluntarily what the soldiers wanted. Shortly

after, envoys arrived at Rome from Micipsa, son of Masinissa, offering,

from respect (as they said) for the name of Gracchus, to send supplies

of corn to Sardinia. The senate angrily dismissed the embassy. Orestes

was directed to remain as proconsul in his province, and his quæstor was

ordered to continue in office for a second year.

[Sidenote: [126-123 B.C.]]

Meanwhile the country party had succeeded in carrying the election of

their present chief, Fulvius Flaccus, to the consulship for 125 B.C. He

was a man with little force of oratory, but his activity and audacity

gave him power, and his unchangeable attachment to the memory of Ti.

Gracchus made him respectable. No sooner was he in the consul’s chair

than he gave full proof of his headlong temerity by giving notice of a

bill for extending the franchise to all the Latin and Italian allies.

It was a reform bill sweeping beyond all example. No addition had been

made to the Roman territory or the number of tribes since 241 B.C., a

period of 116 years, and now at one stroke it was proposed to add to the

register a population much more numerous than the whole existing number

of Roman burgesses. The tribes felt their interests to be at stake, and

the measure of Flaccus was highly unpopular at Rome.

At this moment, the senate adroitly contrived to detach Flaccus upon

foreign service. The people of Massilia, old allies of Rome, sent to

demand protection against the Salluvians, a Ligurian tribe of the

Maritime Alps, and Flaccus was ordered to take command of the army

destined to relieve them. He remained in Gaul for more than two years,

and was honoured with a triumph in the year 123 B.C. Meantime his great

measure for extending the franchise fell to the ground.

But the hopes excited by the impetuous consul were not easily

relinquished. The excitement was great throughout Italy, and in one of

the Latin colonies the smouldering fire burst into flame.

Fregellæ was a large and flourishing city on the Latin road. It was

one of the eighteen colonies which had remained faithful to Rome in

the Hannibalic War. It had seen the full franchise conferred on its

neighbours at Formiæ, Fundi, and Arpinum at the close of that war. And

now the cup was dashed from the very lip. Fregellæ flew to arms, without

concert with any other towns; and L. Opimius, one of the prætors, a

man of prompt resolution and devoid of pity, was ordered by the senate

to crush the insurrection. The gates were opened to him by treachery.

Opimius took his seat in the Forum, and exercised a fearful vengeance on

the inhabitants, for which he was rewarded by the senate with a triumph.

The walls were pulled down, and the colony, stripped of all its rights,

was reduced to the condition of a mere market-town (_conciliabulum_). The

example of Fregellæ for a time silenced the claims of the Italians.

Thus triumphant, the senate determined to keep the chiefs of the Gracchan

party absent from Rome. Flaccus had not yet finished his Gallic wars; and

an order was sent to detain C. Gracchus for a third year in Sardinia. But

the young quæstor perceived the drift of this order, and returned to Rome

about the middle of the year 124 B.C., to the no small consternation of

the senate. He was instantly summoned before the censors then in office

to account for his conduct, in order that he might be branded with a

public stigma, and thus disqualified from taking his seat in the senate

house. He made his defence to the people in a set speech, in which he

declared that the senate had no right to keep him employed as quæstor for

more than one year. “No one,” he added, “can say that I have received a

penny in presents, or have put any one to charges on my own account. The

purse which I took out full I have brought back empty; though I could

name persons who took out casks filled with wine and brought them home

charged with money.” He was triumphantly acquitted, and at once came

forward as candidate for the tribunate. The senate exerted all their

influence to prevent his election, and succeeded so far that his name

stood only fourth on the list. But as soon as he entered office, no one

disputed his title to be first.

[Sidenote: [123 B.C.]]

The die was now cast. For ten years he had held back from public life;

but the vexatious course pursued by the senate roused him to action; the

pent-up energy of his passionate nature burst forth, and he threw aside

all restraints both of fear and of prudence.

Hitherto there had been no proof of the young speaker’s powers. Twice

only had he spoken in public, and both times he had been on the losing

side. But years of diligent study had passed, and he became the greatest

orator that Rome had yet seen. Much as Cicero disliked Gracchus, he

speaks with lively admiration of his genius, and laments the loss which

Latin literature had sustained by his early death. The care which the

young orator bestowed on preparation was extraordinary; he was the first

to use regular gesticulation, and in his most fiery outbursts his voice

was so modulated as never to offend the ear.

His first measures are marked by that which was the ruling passion of his

life--a burning desire to avenge his brother’s death. Nasica was beyond

his reach. But others, who had persecuted the friends and followers of

Tiberius, were yet alive, and he inveighed against their cruel severity

on all occasions. “Your ancestors,” he exclaimed, “suffered not their

tribunes to be trampled down. But you--you let these men beat Tiberius to

death, and murder his friends without a trial!”

Accordingly he brought a bill aimed at Popilius, who had been the head of

the special commission appointed after the death of Tiberius. It declared

any magistrate guilty of treason who had punished a citizen capitally

without the consent of the people. Before it passed, Popilius left Rome;

and the tribes, on the motion of Caius, banished him.

The young tribune next moved that any one who should have been deprived

of office by a vote of the people should be incapable of holding any

other office--an enactment evidently pointed at his brother’s old

opponent Octavius. Fortunately for the honour of Gracchus, he was stopped

in his career of vengeance by the intercession of his mother.

He now turned his thoughts to measures of a public nature, and brought

forward a series of important bills, long known as the Sempronian laws,

so sweeping in their design, as to show that he meditated no less than

a revolution in the government of Rome. They may be divided into two

classes: first, those which were intended to ameliorate the condition of

the people; secondly, those which aimed at diminishing the power of the

senate.

(1) Foremost in the first class we may place a bill for renewing and

extending the agrarian law of his brother, which was coupled with a

measure for planting new colonies in divers parts of Italy, and even in

the provinces. The execution of this law was deferred till the next year.

(2) The second Sempronian law was the famous measure by which the state

undertook to furnish corn at a low price to all Roman citizens. It

provided that any one possessing the Roman franchise should be allowed

to purchase grain from public stores at 6⅓ asses the modius, or about

twenty-five asses the bushel; the losses being borne by the treasury.

Public measures for distributing corn in times of scarcity had long

been familiar to Roman statesmen, and individuals had more than once

sought popularity by doles to the poor. But now, for the first time,

was a right established by law. The necessary results of such a measure

must have been, and were, very fatal. Fifty years later, it was found

necessary to limit the quantity sold to five modii (1¼ bushels) a month

for each person; and forty thousand citizens were habitual purchasers.

Successively demagogues reduced the price, till the profligate Clodius

enacted that these 1¼ bushels should be given away without any payment.

The dictator Cæsar found no fewer than 320,000 citizens in the monthly

receipt of this dole. He reduced the number to 150,000, and Augustus

fixed it at a maximum of 200,000 souls. Such was the mass of paupers

saddled upon the imperial government by the unwise law of Gracchus.[79]

We now pass on to the measures which aimed at depriving the senate of the

great administrative power which of late years it had engrossed.

(1) The first of these touched their judicial power. It has been

mentioned that by the famous Calpurnian law (149 B.C.) all provincial

magistrates accused of corrupt dealings in their government were to

be tried before the prætor peregrinus as presiding judge, and a jury

of senators. This was the first regular and permanent court of justice

established at Rome. The principle of the Calpurnian law was gradually

extended to other grave offences, and in all the superior courts the

juries were composed of senators.

These courts had given little satisfaction. In all important cases of

corruption, especially such as occurred in the provinces, the offenders

were themselves senators. Some of the judges had been guilty of like

offences, others hoped for opportunities of committing like offences;

extortion was looked upon as a venial crime; prosecutions became a trial

of party strength, and the culprit was usually absolved.

Gracchus now took the judicial power altogether out of the hands of

the senate, and transferred it to a body of three hundred persons, to

be chosen periodically from all citizens who possessed the equestrian

rate of property. By this measure he smote the senate with a two-edged

sword. For not only did he deprive it of the means of shielding its own

members, but he also gave a political constitution to a rival order. The

equestrian order, as a political body, entirely distinct from a mere

military class, now first received distinct recognition.

It is doubtful whether this measure of reform was followed by the

good effects intended by Gracchus. If the governors of provinces were

senators, the farmers of the taxes were equites. The new juries had their

personal reasons for acquitting corrupt magistrates; for without the

countenance of these magistrates they could not demand money from the

provincials beyond what was strictly legal. The constitution of these

juries formed a chief ground of political contest for the next fifty

years.

(2) Another measure which fettered the power and patronage of the senate

was the Sempronian law for the assignment of the consular provinces.

Hitherto the senate had refrained from determining these provinces till

after the elections, and they thus had a ready way of marking displeasure

by allotting unprofitable governments to consuls whom they disliked. But

Gracchus now ordained that the two consular provinces should be fixed

before the elections, and that the new consuls, immediately upon their

election, should settle between themselves what provinces each was to

administer, either by lot or by agreement (_sortitio_ or _comparatio_).

It was a wise and equitable provision, which remained in force as long as

the republic lasted.

(3) A great blow was given to senatorial power by a measure for improving

the roads of Italy. Public works of all kinds had hitherto been left

to the censors, subject to the approval of the senate. Gracchus now

transferred the business to the tribunes.

This account of the chief Sempronian laws shows the spirit which animated

Gracchus. It is plain that his main purpose was to diminish the increased

and increasing power of the senate. It was no doubt a confusion between

the purposes and the results of the Sempronian legislation that swelled

the cry against Gracchus in after-times. It is clear, however, that

he had no chance of amending the corrupt government of the senatorial

oligarchy, unless he first weakened their power; and if he fancied that

administrative functions might safely be controlled by a large and

fluctuating popular assembly, something may be forgiven to political

inexperience. Representative bodies are a modern invention, and the

wisest of the ancients found no halting-place between aristocracy and

democracy. Gracchus was not without misgivings as to the effects of

his legislation. But it was too late to draw back, and his zeal was

quickened by the return of Fulvius Flaccus from Gaul. By his measures

Gracchus had so won all suffrages, that he and his friend Flaccus were

absolute masters of the comitia. Gracchus told the people he had a favour

to ask; he proposed as candidate for the consulship C. Fannius, an old

comrade of his brother. Fannius was elected as a matter of course, to the

rejection of L. Opimius, the senatorial candidate.

[Sidenote: [123-121 B.C.]]

The tribunician elections followed. Flaccus, though he had been consul,

appeared as candidate for an office that had been raised by the Gracchi

to sovereign power. But Gracchus was not by his side; for it had been

made illegal that the same man should be re-elected tribune. However,

there were not candidates enough for the ten places; and the people,

exercising the absolute right of choice which in this contingency was

allowed, re-elected Gracchus by a unanimous vote.[80] Not more than

seven months of his first year’s tribunate were over, and he was secure

of power for the next seventeen months at least. He now put forth all

the tremendous power of the office. The senate sat powerless, and Caius

Gracchus became for a time the virtual sovereign of the empire.

Immediately on re-election, Gracchus came forward with a bill for

extending the Roman franchise, certainly to the citizens of all Latin

colonies, probably to all free Italian communities. Here we recognise

the hand of Flaccus, who had in his consulship raised this momentous

question, and resumed the project on the first opportunity after his

return.

[Illustration: A TRIBUNE OF THE PEOPLE]

There can be no doubt that some change in this direction was necessary.

The admission of the Latins and Italians to full citizenship would infuse

a quantity of new blood into the decaying frame of the Roman people;

and, by extending to all Italians the benefits of the agrarian law,

there was really a good hope of reviving that hardy race of yeomen who

were regretted by all Roman statesmen. Scipio had induced the senate

for a moment to take up this cause; but after the revolt of Fregellæ,

all thoughts of an extension of the franchise had been dropped. The

difficulty was how to favour the Italians without provoking the Roman

tribesmen. It is manifest that the project was still unpopular in

the Forum, for Gracchus laboured to show that the Roman people and

the Italians had one grievance in common--namely, the tyranny of the

senatorial oligarchy. “The other day,” he told them, “the magistrates of

Teanum had been stripped naked and scourged, because the consul’s lady

complained that the public baths there had not been properly cleaned for

her use. How great is the insolence of the young nobles, a single example

would show. One of them was travelling through Apulia in a litter, and a

countryman, meeting the bearers, asked whether they had got a dead man

inside. For this word, the young lord ordered the poor man to be beaten

to death with the cords of the litter.”

The chiefs of the senate perceived that the proposal to enfranchise

the Italians had sapped his popularity at Rome. The consul Fannius,

notwithstanding the part Gracchus had taken in his election, vehemently

opposed the measure. He declared that he would again bring forward the

alien act of Pennus, and expel all foreigners from Rome. The senate

soon after ventured a step farther. One of the new tribunes, M. Livius

Drusus by name, a young man of high birth, rich, eloquent, ambitious and

determined, undertook to thwart the progress of his great colleague, and

he put a veto on the law for enfranchising the Latins.

We must now return to the agrarian law. In furtherance of this law, Caius

proposed to plant colonies in divers parts of Italy; Capua and Tarentum

were fixed upon as the first of these new settlements: but here he showed

no democratic tendencies; for no allotments were given to citizens,

however poor, unless their character was respectable; and only a small

number of colonists were to be sent to each place.

Drusus was not slow to take advantage of these unpopular provisions.

He resolved to outbid Gracchus, and the agent of the nobility became

a demagogue. He proposed to found no fewer than twelve colonies at

once, each to consist of three thousand families, to be chosen without

respect to character. All these colonists were to hold their allotments

rent-free. Drusus openly avowed that he made these propositions in favour

of the poor on the part of the senate, and declared in significant terms

that he would not himself accept any part in the honour or emolument to

be derived from the office of founding these colonies; whereas Gracchus

had himself superintended all the public works which he had originated.

At this time, plans were on foot for extending the Italian system of

colonisation to the provinces. In this very year, C. Sextius Calvinus,

who had succeeded Flaccus as proconsul in Gaul, founded the town of

Aquæ Sextiæ, still called Aix, in southern Gaul; four years later

Narbo Martius, or Narbonne, was planted farther westward in the same

country. But Gracchus himself was the first who had proposed to plant

a colony beyond the Italian peninsula; and the place he fixed upon was

Carthage. The plan was taken up by the senate. The new colony was to be

called Junonia, and it was dexterously contrived that Gracchus himself,

with Flaccus and another, should be the commissioners for distributing

the lands and marking the limits of the settlement. In this way the

formidable tribune and his most active supporter were obliged to quit

Rome just when their presence was most needed to revive their drooping

popularity.

The commissioners applied themselves to their task with so much assiduity

that they returned to Rome in time for the consular elections. The

ruthless Opimius was again candidate, and Gracchus exerted himself to the

utmost to reorganise his party, but in vain. Popular feeling was strongly

marked by the triumphant election of Opimius to the consulship, in

company with Q. Fabius, son of Scipio’s elder brother, a man personally

hostile to Gracchus.

The tribunician elections followed, and were equally significant of the

temper of the people. Neither Gracchus nor Flaccus was re-elected. The

remainder of the year indeed passed by quietly. But at the beginning of

the year 121 B.C. Opimius became consul, and it was evident that danger

was at hand.

[Sidenote: [121 B.C.]]

Gracchus and his friends prudently refrained from all offensive steps;

but as he would give no grounds for proceeding against him, Opimius

resolved to make them. News arrived from the new colony at Carthage to

the effect that it had been planted on the ground cursed by Scipio; the

wrath of the gods had been shown by the fact that wolves had torn down

the boundary-posts. The senate met, and on the motion of Opimius ordered

the tribunes to call a meeting of the tribes upon the Capitol, to rescind

the law for colonising Carthage. The place was ominous, for there Ti.

Gracchus had been slain.

On the appointed morning the impetuous Flaccus appeared with a large

retinue armed with daggers. Gracchus followed with a considerable suite.

Flaccus spoke vehemently to the tribes, while Gracchus stood aloof in

the portico of the temple, in which Opimius was offering sacrifice. Here

he was encountered by a retainer of the consul, who insolently pushed

Gracchus aside, crying, “Make way for honest men!” Gracchus cast an

angry look upon the man, who presently fell stabbed to the heart by an

unknown hand. A cry of murder was raised, and the crowd fled in alarm to

the Forum. Gracchus retired to his house, regretting the rash imprudence

of his followers. Meantime the body of the slain man was paraded before

the eyes of the terrified people. The senate armed the consuls with a

decree, by which Gracchus was proclaimed a public enemy, and Opimius took

station during the night in the temple of Castor, by the side of the

Forum. He summoned the senate to a special sitting early next morning,

and also sent to all on whom he could rely, desiring them to come armed

to the Forum, and each man to bring two armed slaves. With this force he

occupied the Capitol at daybreak, and prepared to execute the will of the

senate.

Gracchus was irresolute; but Flaccus summoned to his house all who were

ready to resist senatorial authority. Here he armed them with the Celtic

weapons which he had brought home from his Gallic campaigns, and kept up

their courage by deep potations of wine. Early in the morning he occupied

a strong position on the Aventine, where he was joined by Gracchus, who

sighed over the necessity of using force.

When the senate met, the popular leaders were summoned to attend in their

places, and explain the proceedings of the previous day. They answered

by proclaiming liberty to all slaves who should join them. Nothing could

more show the desperate aspect which the struggle had assumed. Yet before

blood flowed, Gracchus insisted on trying negotiation, and Q. Flaccus,

a handsome youth of eighteen, son of the ex-tribune, was sent. But

already the senate had invested Opimius with dictatorial power. The only

answer the consul returned was that the leaders must appear before the

senate, and explain their conduct; and when young Quintus came back with

a fresh message, Opimius arrested him. He now set a price on the heads

of Gracchus and Fulvius Flaccus, and ordered an immediate attack upon

the Aventine. Under arms appeared the noblest men at Rome, P. Lentulus,

chief of the senate, old Metellus Macedonicus, and many others. For their

leader they chose not the consul, but L. Junius Brutus, the Spanish

conqueror. The attack was opened under cover of a shower of arrows from

a body of Cretan bowmen. Little or no resistance was offered. Flaccus

fled with his eldest son. Gracchus retired into the temple of Diana,

where he was hardly prevented from putting an end to his own life by two

faithful friends, the knights Pomponius and Lætorius. Urged by them to

flee, he threw himself on his knees, and prayed the goddess to punish the

unworthy people of Rome by everlasting slavery. All three then took their

way down to the Porta Trigemina, hotly pursued. Pomponius made a stand

in the gateway to cover his friend’s escape across the Sublician bridge,

and fell pierced with many wounds. Lætorius showed no less devotion by

gallantly turning to bay upon the bridge till he knew that Gracchus was

safe over, when he sprang into the river and perished. Gracchus with a

single slave reached the Grove of the Furies, and here both were found

dead. The faithful slave had first held the sword to his master’s heart,

and then fallen upon it himself. One Septimuleius cut off the head of

Gracchus, and was rewarded by the fierce Opimius with its weight in

gold.[81]

Flaccus and his eldest son had found shelter in the bath-house of a

friend. The consul’s myrmidons tracked them, and threatened to set fire

to the house. The owner, alarmed for his property, allowed another to

disclose the secret, though he did not choose to speak the word himself.

They were dragged forth and slain with every mark of indignity. The

handsome youth who had been arrested before the assault commenced was

allowed to put himself to death.

Great numbers of the partisans of Gracchus were thrown into prison,

and put to death without trial. The stream of Tiber flowed thick with

corpses. The inconstant mob plundered their houses without molestation.

The widows and friends of the slain were forbidden by consular edict to

wear mourning. When the bloody work was done, the city was purged by

a formal lustration; and the consul, by order of the senate, laid the

foundations of a temple of Concord. Under the inscription placed on it by

Opimius was found next morning another to this effect:

“Workers of Discord raise a shrine to Concord.”

But none dared openly to avow themselves friends of the Gracchi. The son

of Caius died soon after; and except Sempronia, the widow of Scipio, none

of the race remained. Cornelia retired to Misenum, where she lived for

many years, not so much sorrowing for the loss of her sons as dwelling

with delight on the memory of their acts. Many visited her in retirement,

chiefly learned Greeks, to hear the story of the bold reformers. Calmly

and loftily she told the tale, declaring that her sons had found worthy

graves in the temples of the gods. In after days her statue in bronze was

set up in the Forum, with the Greek sandals on her feet which had been

made a reproach to her illustrious father. Beneath it were placed these

words only: To Cornelia, the Mother of the Gracchi.[b]

To quote again from Beesly’s[c] acute summing-up of Caius Gracchus.

“The man who originates is always so far greater than the man who

imitates, and Caius only followed where his brother led. The very dream

which Caius told to the people shows that his brother’s spell was still

on him, and his telling it, together with his impetuous oratory and his

avowed fatalism, militates against the theory that Tiberius was swayed

by impulse and sentiment, and he by calculation and reason. But no doubt

he profited by experience of the past. He had learned how to bide his

time, and to think generosity wasted on the murderous crew whom he had

sworn to punish. Pure in life, perfectly prepared for a death to which he

considered himself foredoomed, glowing with one fervent passion, he took

up his brother’s cause with a double portion of his brother’s spirit,

because he had thought more before action, because he had greater natural

eloquence, and because being forewarned he was forearmed.

“In spite of the labours of recent historians, the legislation of Caius

Gracchus is still hard to understand. Where the original authorities

contradict each other, as they often do, probable conjecture is the most

which can be attained, and no attempt will be made here to specify what

were the measures of the first tribunate of Caius and what of the second.

The general scope and tendency of his legislation is clear enough. It

was to overthrow the senatorial government, and in the new government

to give the chief share of the executive power to the mercantile class,

and the chief share of the legislative power to Italians. These were his

immediate aims. Probably he meant to keep all the strings he thus set in

motion in his own hands, so as to be practically monarch of Rome. But

whether he definitely conceived the idea of monarchy, and, looking beyond

his own requirements, pictured to himself a successor at some future time

inheriting the authority which he had established, no one can say. In

such vast schemes there must have been much that was merely tentative.

But had he lived and retained his influence we may be sure that the

Empire would have been established a century earlier than it was.”[c]

George Long[d] says: “We may acquit the Gracchi of the Roman vice of

greediness, but not of ill-directed ambition. Their object was not to

enrich themselves, but to destroy the power of the Optimates by rousing

against them the people, and using their votes to make a revolution.

But this popular agitation increased an evil which already existed. The

Gracchi used the popular vote for their purpose, as the nobles had long

used it for their ends. Under the name of the public interest men on both

sides sought their own.”

FOOTNOTES

[74] [The number of sons qualified to hold public property was two.]

[75] [George Long[d] defends their authenticity, saying: “The critics

whose eyes are so sharp that they cannot see what is before them and see

what is not, tell us that these fragments are rhetorical inventions. Now

Gracchus’ speeches were read in Cicero’s time and later; and it is as

reasonable to suppose that Appian and Plutarch used these speeches, as

to suppose that they invented speeches or copied from those who invented

them. The speeches are like genuine stuff.”]

[76] [The difficulty in the way of the first alternative here suggested

is that in all probability Octavius would have vetoed any proposal for

reform. The second alternative was impracticable because Tiberius was

constitutionally ineligible to re-election. It is doubtful whether any

constitutional means of reform existed.]

[77] Piso, the other consul, was employed in extinguishing the Slave War

in Sicily.

[78] [George Long[d] doubts this, saying that Caius was still in Spain.]

[79] [It is now generally agreed that various classes of poor people

should be supported by the government; the question is whether the Romans

were wise in supporting so many and in such a way.]

[80] [Appian,[g] the authority for this matter, more probably means that

before the tribuneship of Caius a law had been passed permitting the

re-election of a tribune in case of a lack of candidates.]

[81] [“This,” says Long,[d] “is the first instance in Roman history of

head-money being offered and paid, but it was not the last.”]

[Illustration: ROMAN TWEEZERS

(In the British Museum)]

[Illustration]

The historians' history of the world in twenty-five volumes, volume 05 · 第 15 / 28 章