CHAPTER XVI

COMITIAL LEGISLATION FROM THE GRACCHI TO SULLA 134-82

I. _The Gracchi_

134-122

The work of agrarian reform, after the feeble attempt of Laelius,[2240]

was taken up in a more determined spirit by Ti. Sempronius Gracchus,

who early in his tribunate, upon which he entered December 10, 134,

promulgated his famous lex agraria. It was a repetition, with some

modifications and additions, of those articles of the Licinian-Sextian

statute which related to the same subject. The last instance of the

prosecution of trespassers against the earlier law given in our imperfect

records belongs to 193,[2241] and it must still have been in force in

167 when Cato[2242] recited its terms in his “Oration in behalf of the

Rhodians.” Probably about the time of Flaminius the agrarian provisions

of this statute were renewed with the addition of articles, (a) providing

that a specified proportion of free laborers should be employed on public

lands held in possession. (b) requiring holders to take an oath to obey

the law. (c) increasing the penalty for violations.[2243]

Tiberius had matured his plan before entering office. Assisted by

experienced friends, among whom were P. Licinius Crassus, P. Mucius

Scaevola, the most eminent jurist of his generation, consul designate

for 133, and Appius Claudius Pulcher, his father-in-law, he expressed

the articles of his rogation in the most careful terms and with especial

regard for vested interests.[2244] Its chief provisions were—

(1) No one shall hold more than five hundred iugera of the public land,

excepting that in case the holder has sons he may occupy an additional

two hundred and fifty iugera for each of two sons.[2245]

(2) The occupier shall receive compensation for improvements on the lands

which the law compels him to surrender.[2246]

(3) The five hundred to one thousand iugera retained by the occupier

shall be granted to him by the state in perpetuity and free from all

dues.[2247]

(4) The lands thus accruing to the state shall be divided among the

needy[2248] in lots, the maximal size of which seems to have been set at

thirty iugera,[2249] to be held not as private property but as permanent,

heritable leaseholds inalienable and subject to a specified rent.[2250]

The Latins and Italians are to be included among the beneficiaries of

this provision.[2251]

(5) Certain specified parts of the public domain shall not be subject to

assignment—the same parts which are afterward reserved from assignment by

the agrarian law of 111:[2252]

a. Land granted by law or by a senatorial decree to a colony, a

municipium, or a Latin town, with the exception of any tracts of such

land which this law may expressly order to be sold, assigned, or

restored.[2253] Public domain granted by a lex or a senatus consultum can

be withdrawn by the same, but the modification of a treaty requires the

consent of both parties.[2254]

b. The trientabula—portions of public land granted by the government for

a quit rent to its creditors as security for any part of a loan.[2255]

c. The ager compascuus—public land on which a specified group of

neighbors have a right to pasture free of charge ten large domestic

animals—cattle, horses, mules, and asses—and a fixed number of small

animals, unknown to us on account of a lacuna in the inscription but most

probably fifty.[2256] As the unit was doubtless the individual, much of

the land of this description must have remained undivided.[2257]

d. Public roads.[2258]

e. Other portions of the public domain specifically designated as exempt

from distribution, including the Campanian lands, which are leased out by

the censors.[2259]

f. Certain pasture lands let out to any who wish to feed their live stock

thereon, who pay a tax (scriptura) for the privilege.[2260]

(6) The distribution of the lands shall be effected by a standing

magistracy elected annually by the tribes[2261]—the triumviri agris

dandis adsignandis.[2262]

(7) As all available public land is to be utilized in the various ways

described above, and as the holders of lands once public are to be

guaranteed in their possession, further occupation of land is thereby

precluded.[2263]

Afterward as Tiberius found it impossible to reconcile the optimates

to his measure, he withdrew the second article and proposed to eject

illegal holders without compensation.[2264] When the nobles induced

Octavius, a colleague in the tribunate, to veto the bill, Tiberius had

him deposed by a vote of the tribes, and then passed the agrarian law

without further opposition, unauthorized however by the senate.[2265]

The triumviri elected to take charge of the work of distribution were

the author of the law, his brother Gaius, and his father-in-law Appius

Claudius Pulcher.[2266] As the election of these persons was a violation

of the Licinian and Aebutian plebiscites,[2267] a dispensation was

probably granted by vote of the people.[2268] When the commission found

itself hampered by legal inability to distinguish between public and

private land, Tiberius carried a second agrarian law which invested the

triumviri with the necessary judicial power for determining what land was

public and what private.[2269] It was by virtue of this second enactment

that the word iudicandis was introduced into the phrase descriptive

of their functions—“iudicandis adsignandis” or “dandis adsignandis

iudicandis.”[2270] In the year 129, probably at the time of the election

to this office, Publius Scipio Aemilianus brought about the transfer of

the judicial function to the consuls. Appian,[2271] our sole authority

for the latter act, speaks only of its discussion in the senate, implying

that this body rather than the people passed the resolution. In that

case the senate must have annulled the second agrarian law on the ground

that it was illegally passed; for in no other way could it set aside a

comitial statute.[2272] Some land, already delimited, may still have been

subject to distribution; but as the consuls avoided the disagreeable

function received from the commissioners, the work of assignment came

speedily to an end. The agrarian law of Ti. Gracchus fell thus into

disuse till it was revived by his brother.[2273]

The deposition of Octavius[2274] requires especial consideration. In

136 the proconsular imperium had been abrogated, probably by a popular

vote[2275]; but no instance of the abrogation of an actual magistracy had

thus far occurred. Most scholars consider the act unconstitutional.[2276]

It did indeed involve a sweeping departure from long-established custom;

but in favor of its legality may be urged the fact that nearly all the

powers ever possessed by the assembly are known to have been acquired in

the way in which Tiberius was attempting to establish for it the right

to remove from office—by precedent rather than by law. A statute of the

Twelve Tables declared that whatever the people voted last should be

law and valid[2277]; and through the ages preceding the Gracchi they

had often applied this principle to the extension of their power at the

expense of the senate and magistrates. They were sovereign; and if they

chose to introduce the custom of deposing a magistrate whom they regarded

as the betrayer of their dearest interests, they had the legal right. The

wisdom of the proceeding may be questioned, but he who has followed the

history of the assemblies thus far must regard the measure as merely one

of the many steps by which the people advanced toward the realization of

their sovereignty.

Tiberius attempted to apply the same principle to securing his election

to the tribunate. His motive was not a purely selfish desire to save his

life; it required no superhuman wisdom to discover that his downfall

would mean the collapse of the great reform on which he had set his

heart. The continued ascendancy of a popular champion necessarily

involved the overthrow of the senatorial government. This idea, which

he now clearly grasped, found expression in his new political platform,

(1) to shorten the period of military service, (2) by means of a law of

appeal to vest the supreme jurisdiction solely in the people, so as to

deprive the senate of its extra-constitutional judicial power,[2278]

(3) to give the equites equal representation with the senators in the

juries, or possibly as Dio Cassius states, to transfer the courts from

the senate to the knights.[2279] When the day of election came, his

peasant supporters were busy with their harvests, and his platform

did not strongly appeal to the city plebs, on whom he had chiefly to

rely for votes. Had the people insisted, as they twice did in favor of

Scipio,[2280] they would have prevailed either with or without an act

of dispensation passed by the senate or by themselves[2281]; but the

weakness of his supporters rather than any illegality in the proceeding

proved his ruin. To free the future reformer from this limitation,

however, a rogation of C. Papirius Carbo, tribune of the plebs in 131,

proposed that a tribune should be eligible to reëlection as many times

as he chose to offer himself as a candidate. This rogation failed[2282];

but before the tribunate of C. Gracchus, 123, “a certain law had already

been enacted,” as Appian[2283] obscurely informs us, “that if a tribune

should be wanting on the announcement (of the votes), the people might

elect one from the whole body of citizens.” The statute, which Appian has

evidently failed to understand clearly, seems to have provided that if

the returns showed the election of only nine tribunes from the candidates

proposed, the people could proceed to elect a tenth from the whole body

of citizens, including the existing tribunician college; or equivalently,

if for the tenth place the tribes cast a majority of votes for one who

was not a candidate, he would be considered legally elected.[2284] The

object was to enable the people to continue in office an especially

popular tribune, and was therefore a notable stride in the direction of

monarchy.

Papirius was more successful with his lex tabellaria, which extended the

ballot to legislation, 131.[2285] Trials of perduellio alone retained the

oral vote. Doubtless this improvement greatly strengthened the rising

popular party. A plebiscite passed about 129, requiring a knight on

entering the senate to sell his public horse, deprived the senators of

their votes in the eighteen centuries, and completed the separation of

the governing aristocracy from the commercial class begun by the Claudian

statute of 219.[2286]

At some unknown time before the tribunate of C. Gracchus a plebiscite of

M. Junius modified the lex Calpurnia concerning extortion,[2287] in what

way we are not informed. The act is with a high degree of probability

attributed to M. Junius Pennus, tribune of the plebs in 126.[2288] If the

Junian lex repetundarum was indeed his work, it could have been dictated

by no sympathy with the unprivileged classes, for it was this Junius

whose plebiscite ordered the expulsion of all aliens from Rome—a measure

which Cicero condemns as inhuman.[2289] The act last mentioned was the

response of the senate and rabble to the effort of the more enlightened

Romans to grant the citizenship to the Latins and Italians. The new idea

was embodied in a rogation of M. Fulvius Flaccus, consul in 125, which

offered the citizenship, or as an alternative the right of appeal, to

the Italians, with the purpose of buying off their opposition to the

Sempronian agrarian law; but the measure was so vehemently opposed in the

senate that the author withdrew it.[2290] The idea however lived in the

minds of the reformers till it was finally realized.

Ten years after the tribunate of Ti. Gracchus his brother Gaius entered

upon the same office. Since the beginning of the decennium the leaders

of the popular party had made various proposals but had accomplished

little. The agrarian law was still nominally in force, though its

execution was effectually blocked. The plan of extending the franchise

had found its most bitter opponents in the men of the street, on whom

the tribunes had chiefly to depend. The ballot in legislation, the

possibility of continuous reëlection to the tribunate, and the increase

of discontent with the plutocracy were the only gains. Extraordinary

progress was now to be made under the leadership of a great creative

statesman. The chronological succession of his comitial enactments cannot

be determined with absolute certainty. We do not in every instance know

whether a given proposal was carried in his first or second year. This

much, however, is clear, that most of his measures belong to 123 and to

the early part of 122. The execution of the laws, including the seventy

days’ journey to Carthage,[2291] consumed much of the second year, and

after his defeat for the third term—about July, 122—he carried no more

plebiscites.[2292] Among his first thoughts was that of strengthening

the legality of the deposition of Octavius[2293] by a rogation which

provided that a person so deposed should thereby be debarred forever

from office. He probably meant it more as an enunciation of a principle

than as a legislative project. The measure was never offered to vote,

but was withdrawn, we are told, at the request of his mother.[2294] Far

more serious, and of lasting importance, was his lex de provocatione,

which, carrying into effect the idea of his brother,[2295] forbade the

establishment of a special court or the placing of the state under

martial law without an act of the people.[2296] Further judicial

legislation was postponed in the interest of more pressing matters.

While colonization and the assignment of land individually to citizens,

which Gaius planned on an extensive scale, as will soon be noticed, were

to provide for the agricultural population at the expense of the state,

and while the nobles and knights continued to reap an unfailing harvest

of wealth in the administration of the provinces, the democratic reformer

could think it only just and expedient to subsidize the populace of the

capital. The artificial growth of Rome as a political centre, with no

sound economic basis but with a most unfavorable geographical situation,

rendered the problem of living difficult for the masses even in time

of prosperity; and recently circumstances had so diminished the grain

supply that relief from the government seemed the only resource against

threatening famine.[2297] Before the time of the Gracchi on occasions of

especial scarcity or of especial plenty the state had sold grain at a

reduced rate; and the aediles, we know not how often, had made similar

reductions at their own expense.[2298] There can be no doubt, too, that

individual nobles in a private capacity often distributed free or cheap

grain among the poor to secure their support in elections. Attached by

such means to the nobles and the senate, the rabble had been in the

main conservative. There was a certain degree of justice in giving the

populace a share in the profits of empire and some wisdom in substituting

system for the existing irregularity. A political result, we may also

say aim, of the frumentarian plebiscite of Gaius was to disattach the

city populace from its conservative moorings and to enlist it in the

service of reform. His measure, the first frumentarian law in Roman

history, provided for the monthly sale to every citizen who applied for

it—practically to those only who resided in or near Rome—of a fixed

number of modii of wheat at six and a third asses a modius,[2299] which

was probably about half the average market price. The law won for him

the good will of the populace,[2300] but his opponents complained that

it depleted the treasury and excited the mob to seditions.[2301] It set

an example for further reductions at the expense of the state. Hence

notwithstanding some good features the effect of the law was pernicious,

as it tended to increase the number of idlers, to make the populace

improvident, and to encourage demagogism. It must be said, on the other

hand, that had Gaius lived to carry out his wide scheme of colonization,

he would have so relieved the capital of its semi-pauper population as to

render frumentations unnecessary, whereupon the law would naturally have

been repealed.[2302]

After providing in the frumentarian act an expedient which, we

may believe, he looked upon as temporary, he resumed the work of

construction[2303] by reviving his brother’s agrarian law.[2304] The

continuance of the assignations as long as there remained any public

land that could be distributed was a most essential element of his plan.

Among the articles retained were those which subjected the holders of

assigned lots to a tax[2305] and exempted from distribution the Campanian

territory not set apart for his colony at Capua,[2306] as well as various

other lands excepted both by the agrarian law of Tiberius and by that

of 111.[2307] Doubtless it also reinvested the three commissioners with

judicial power, without which they could accomplish nothing. Through

this agrarian law, or possibly through a subsequent lex viaria, the

triumviri were empowered to build roads for the accommodation of the

new peasantry.[2308] Though introducing no new principle,[2309] his

lex agraria was not a simple reaffirmation of his brother’s law with

amendments and additions; but “a comprehensive statute, so completely

covering the ground of the earlier Sempronian law that later legislation

cites the law of Gaius, not that of Tiberius Gracchus, as the authority

for the regulations which had revolutionized the tenure of the public

land.”[2310]

These measures were passed before the tribunician elections of the

year,[2311] which took place as usual in midsummer.[2312] It was his

frumentarian law, together with the hope aroused by the long array of

promulgated measures, which secured his reëlection. Soon afterward,

though still in 123, he brought before the comitia a rogation concerning

the qualification of iudices. As the quaestiones extraordinariae from the

earliest times were made up of senators, it was natural that the standing

courts also from the time of their institution should be similarly

composed.[2313] Under such conditions the judicial authority afforded

no efficient check upon maladministration; and this immunity from the

law, together with the temptations to the misuse of power especially in

provincial commands, tended in the course of generations to make of the

senate, with individual exceptions, a class of grand criminals. To remedy

this evil and at the same time to remove from the senate the strongest

foundation of its political power,[2314] Ti. Sempronius Gracchus had

proposed his rogatio iudiciaria either for transferring the courts

entirely to the knights, or more probably for making up the juries of an

equal number of senators and knights.[2315] It failed to become a law;

but Gaius now took up the matter, and after experimenting unsuccessfully

with one or two projects,[2316] he finally, 122, carried a plebiscite

which substituted knights for senators in the alba iudicum,[2317] from

which not only standing courts but also special commissions were to

be filled.[2318] It is uncertain whether mention was made of equites

or whether the result was reached merely by exclusion and definition.

There can be no doubt that the qualifications were identical with those

described in the extant lex repetundarum,[2319] attributed by scholars

to M’. Acilius Glabrio, a colleague of Gaius, and adopted accordingly

soon after the Sempronian judiciary law. The terms of the Acilian statute

excluded tribunes of the plebs, quaestors, tresviri capitales, military

tribunes of the first four legions, tresviri for assigning lands, persons

who had fought in the arena for pay or had been condemned by a quaestio

or by the people. It excluded further all under thirty or over sixty

years of age, and all who had their domicile more than a mile from Rome,

the fathers, brothers, and sons of those who held the offices above

enumerated, senators, and their fathers, brothers and sons, as well as

persons living beyond the sea. A part of the statute missing from the

inscription may have contained a minimal property qualification, which

could have been no other than four hundred thousand sesterces; or it may

have restricted jury service to those who “possess a public horse.”[2320]

According to Plutarch Gaius was allowed the privilege of selecting

the jurors. Had he remained in power and continued in this function,

he doubtless could have compelled the courts of his choosing to do

justice. But the privilege seems to have been restricted to the first

list; thereafter, as provided by the lex repetundarum of Acilius the

praetor qui inter peregrinos ius dicit was to attend to the matter.[2321]

The relation between the Sempronian lex iudiciaria and the lex Acilia

repetundarum has not been precisely determined.[2322] If the Sempronian

statute preceded the Acilian,[2323] as is not unlikely, it was the

intention of Gaius to pass a general law regarding the qualifications

and mode of appointment of jurors, to be superseded in large part by a

succession of laws, which dealing with individual courts, should regulate

the qualification and appointment of their several juries as well as the

procedure and the penalties. This policy indicates a conviction that he

could give the reformed judicial system greater stability by making the

separate laws here referred to entirely independent of his original lex

iudiciaria.[2324]

The lex Acilia, described above as a plebiscite of M’. Acilius Glabrio,

colleague of C. Gracchus in 122,[2325] took the place of the lex

Iunia of 126,[2326] and is to be identified with a lex repetundarum

extensive fragments of which are preserved in an inscription.[2327]

Whereas earlier laws on the subject rendered governors of provinces, and

perhaps administrative officers in Italy, alone liable to punishment,

the Acilian statute includes magistrates and senators and the sons of

both as well as the holders of promagisterial imperium.[2328] The crime

consists in taking in any one year from those whom the law is designed

to protect—from the allies, Latins, provincials, and exterior nations

under the sway or in the friendship of the Roman people[2329]—by gift,

seizure, compulsion, or other illegal means money or property exceeding

a specified sum, which a lacuna in the inscription leaves unknown,

but which is supposed to be four thousand sesterces.[2330] Holders of

magistracies and imperia cannot be brought to trial for the crime till

after the expiration of their terms,[2331] on the general principle which

exempts from prosecution those who are engaged in the service of the

state.[2332] The praetor qui inter peregrinos ius dicit within ten days

after the passage of the statute, and in future within ten days after

entering upon his office, is to choose for this court four hundred and

fifty persons with the qualifications for jury service described above in

connection with the Sempronian judiciary law. From this group the accused

is to reject under oath his kinsmen within a specified degree and his

sodales. The accuser is to draw from the remainder a hundred persons,

taking oath that he has chosen no kinsman within a specified degree or

sodalis. The accused rejects fifty of the hundred, and the remaining

fifty constitute the jury for trying the case.[2333] The rules of

procedure in the trial and the amount of liability of the accused in the

event of conviction are given. The accuser, if an alien, is granted as

a reward for a successful prosecution the Roman citizenship for himself

and his born sons and grandsons. If he is a Latin and does not want the

citizenship, he is given instead the right of appeal.[2334] Probably the

law contained provisions for the punishment of corruption in the patrons

of the accusers and in the praetor and jurors.[2335]

It is certain that Gaius carried a law also for reconstituting the

quaestio inter sicarios et veneficos,[2336] which had originally been

established shortly before 141.[2337] The Sempronian law on this subject

contained a provision for the punishment of bribery or conspiracy

committed in trials of the kind. The article referred to included the

words “Ne quis iudicio circumveniretur,”[2338] a principle repeated as

“Qui coisset, quo quis condemnaretur”[2339] in the corresponding article

of the Cornelian law which superseded the Sempronian. There was no

quaestio for dealing especially with judicial corruption and conspiracy,

but the accused was brought to trial before the very court in relation to

which his crime was alleged to have been committed.[2340] The provision

was directed against the accuser, against magistrates and senators who

presided over such courts, and presumably against equestrian jurors who

accepted bribes.[2341]

We have in an inscription the concluding articles of a criminal law[2342]

of this period. It is on a bronze tablet found on the site of the ancient

Italian city Bantia, and is called the Latin Lex Bantina to distinguish

it from another lex in Oscan on the opposite face.[2343] A reference

to the triumviri agris dandis adsignandis, who seem to have been those

elected under the Sempronian agrarian law, places the document between

133 and 118. It is concerned with a quaestio.[2344] An attempt has been

made to identify it with the lex Iunia repetundarum and to assign it

accordingly to 126.[2345] The circumstance, however, that it was passed

without the authorization of the senate, and that its whole spirit is

anti-senatorial, would lead us rather to the conclusion that it was the

work of C. Gracchus at the time of his most bitter struggle with the

optimates yet before he had lost control of the comitia. The fragment

contains no more than the sanctio—provisions for enforcement of the

statute. The beginning of the first extant article is lost, but it must

have described the class of offenders to which the article applies, and

the nature of the offence. It speaks merely of disabilities imposed on

the offender, among which are the following: he must not address the

senate or vote in a public trial (poplico ioudicio) or in comitia or

receive or give testimony in court or wear the praetexta and soleae in

public or be chosen into the senate or remain in it if already a member.

The second article provides that if a tribune of the plebs, a quaestor, a

triumvir capitalis, a triumvir for assigning lands, or a index appointed

under the law itself, or a senator shall with knowledge and malice

prepense violate the law or hinder its operation, he shall be liable to

a fine, the amount of which a lacuna in the text leaves unknown. The

third article provides that a consul, praetor, aedile, tribune of the

plebs, quaestor, triumvir capitalis, or triumvir for the assignment of

lands now in office shall, within the next five days after ascertaining

that the law has been enacted, swear in the manner described below: also

that the dictator, consul, praetor, master of horse, censor, aedile,

and other officials as above enumerated, and the index appointed under

this law shall in future take the oath within five days after entering

upon their magistracies or imperia. They shall give oath to the urban

quaestor publicly in front of the temple of Castor, swearing by Jupiter

and the di Penates that they will do as the law requires and will not

with knowledge and malice prepense violate the law or by intercession or

otherwise hinder its administration. He who fails to swear shall not be

candidate for a magistracy or imperium, or manage or retain either, or

address the senate or be chosen into it; and the quaestor shall keep a

list of those who have taken the oath. The fourth article provides that

whoever is or shall be a senator, or shall have the right of addressing

the senate after this law has been passed, shall within the next ten

days after ascertaining the fact of its enactment take an oath like that

described in article 3. The penalty for failure to swear is not mentioned

in the extant fragment, but must at the mildest have been expulsion from

the senate.

Closely connected with the transfer of the iudicia from the senators to

the knights is the statute of Gaius concerning the taxation of Asia. It

ordered the censors to let out the taxes of this province to the highest

bidders; and it limited the right of the senate to lessen the sum agreed

upon.[2346] Under such an arrangement, however, no sufficient guarantee

could be provided for the security of the provincials from publican

exactions.[2347] The political result of this legislation in favor of

the knights was to invest them not only with an important share in the

administration, but through the courts with a superiority even over the

senate.[2348] The opposition of the poorer class to the aristocracy could

never be otherwise than uncertain and fitful; but the knights with their

immense wealth and their efficient organization were to be henceforth

an ever present rival of the senate. The author of the law had given

the state a double head,[2349] which was to prove the source of civil

discord; or nearly in his own words, he had thrust into the body of the

senate a sword which nothing could withdraw.[2350] For a few months their

benefactor may have cherished the delusion that he could depend upon

their grateful support; he lived to discover that they cared not for him

or his reforms but only for their immediate interests. In his work of

construction the statesman found them slightly more serviceable than the

proletariate.

The right which the senate had hitherto possessed of assigning the

provinces to the magistrates and promagistrates according to its pleasure

gave a great opportunity for favoritism and partisanship; it could thwart

the will of the people by assigning a popular consul to an insignificant

province. To deprive the senate of a power which could be so easily

perverted to wrong use, C. Gracchus proposed and carried an act which

ordered the senate before the election to name the provinces that were to

be consular.[2351] An article forbade tribunician intercession against

such action of the senate.[2352] Far from improving the administration,

however, this statute tended to foster that routine which was one of the

most marked defects of oligarchic rule.[2353]

As under the government of the nobility military affairs were in the

hands of the magistrates and senate, this field was closed to comitial

legislation.[2354] One of the most notable indications of growing

democracy was the project of Ti. Gracchus, 133, for shortening the period

of service. It was not brought to vote;[2355] but his brother Gaius

succeeded in passing a plebiscite, 123, which ordered that the state

should bear the cost of clothing soldiers, and forbade the enlistment

of boys before the close of their seventeenth year.[2356] The pay of

the soldiers, which since the war with Hannibal had remained five and a

third asses a day, had under new conditions become wholly inadequate;

and certainly insistence on the legal age limitation was prudent as well

as humane. There is no ground, then, for imagining with Diodorus[2357]

that in this salutary measure Gaius was catering for the support of the

soldiers by inciting them to disobedience and lawlessness.

His greatest constructive work he aimed to achieve through colonization

and through the extension of the franchise. His colonial law, 123,

proposed to establish many settlements in Italy,[2358] two of which at

least should be made up of men of the best character, not the neediest

but traders and workmen of moderate means.[2359] The two actually founded

were Scolacium and Neptunia,[2360] both in situations favorable for

commerce. Several other settlements in Italy are attributed to his

colonial or agrarian statute.[2361] As his colonies were exclusively

citizen,[2362] if any aliens took part, they must by virtue of the

colonial law have obtained the Roman rights. The statute of his colleague

Rubrius the same year (123) provided for the founding of Junonia on the

site of Carthage.[2363] But the most liberal and statesmanlike measure

was reserved for his second tribunate, 122. It was a proposal to grant

full citizenship to the Latins and the ius Latii to the remaining

allies.[2364] The rejection of the bill by a popular vote proved the

leader far too liberal and too progressive for his supporters. Deceived

by the spurious proposals of M. Livius Drusus,[2365] a colleague of

Gaius, for the founding of twelve colonies, the members of which

were to hold their lots by fee simple and consequently exempt from

rents, and for depriving the Roman magistrates of the right to inflict

corporal punishment on Latins even when in military service under their

commands,[2366] the populace, readily accepting the new proposals,[2367]

turned against their true champion, and defeated him in the election

for the tribunate for the ensuing year.[2368] It was probably the same

measure of Gaius for extending the citizenship which alienated from him

the equites, who in every crisis pursued their own selfish ends.[2369] In

the ensuing struggle between the senate and Gaius they took the side of

the former.[2370]

In the tribunate of Gaius Gracchus the life of the comitia reached the

highest point of intensity. The two years of his administration afford

evidence of what the assembly could accomplish when directed by the

personality of a great statesman.[2371] The sum total of the measures

adopted should be estimated not as a completed work, but as a foundation

to be strengthened at defective points and to be built upon till the

whole structure of the state and empire should be reconstituted and

freshly vitalized. These results might have been achieved, had Gaius

lived out his natural life and retained the support of the populace

and the knights.[2372] His failure proved the comitia a weak, unsafe

instrument for constructive statesmanship.

II. _The Aristocratic Reaction and the Popular Recovery_

122-103

The optimates waited only for the expiration of the tribunate of Gaius

Gracchus to begin undoing his work, and they found the comitia ready to

aid in the demolition. In 121 a plebiscite of M. Minucius Rufus repealed

the Rubrian law for the colonization of Junonia (Carthage).[2373] Soon

afterward, certainly not later than 118, a plebiscite, whose author is

unknown, permitted the beneficiaries of the Sempronian agrarian laws to

sell the lots they had received.[2374] This enactment was followed in 118

by a plebiscite which Appian[2375] assigns to Spurius Borius (?), a name

not otherwise known.[2376] It put an end to the distributions, and must

therefore have abolished the agrarian triumvirate. The same law confirmed

all holders of the ager publicus in their possession, without converting

any of this land into private property, and it continued the imposition

of rents. We may assume that the lands here referred to included those

recently distributed in small lots as well as those retained by the

occupiers. Lastly it enacted that the revenues accruing from the rents

should be used for distributions—probably of cheap grain.[2377] In 111

another tribune, whom Cicero[2378] names Sp. Thorius, through a law which

has partially survived in an inscription, aimed to settle definitely and

for all time in the interest of the nobles the questions raised by the

Sempronian agrarian legislation.

I. This epigraphic lex agraria converts into private property the

following classes of lands.[2379]

(1) Land assigned to a colony or in any way made public, and afterward

restored to the original owners (domneis). It is to be private optuma

lege.[2380]

(2) Land assigned to a colony and afterward restored to its former

occupier (veteri possessori).[2381]

(3) Land within the legal limit (of five hundred iugera) left to the

occupier by the three commissioners.[2382]

(4) Land assigned after 133 to colonies of Roman citizens.[2383]

(5) Land given and assigned by the three commissioners after 133.[2384]

(6) Land which has been occupied after 133 (not assigned by the

commissioners) to the extent of not more than thirty iugera to the

occupier.[2385]

(7) Land which by the provision of this law is to be sold, granted, or

restored.[2386]

All the lands above enumerated are declared private and free from

vectigal and scriptura.[2387]

II. The lands which the law declares public are those reserved from

distribution by the law of Ti. Gracchus.[2388] It retains further as

public all lands along public roads which have been granted by the

commissioners on condition that the recipients (viasieis vicaneis) in

return for the use of the land undertake the duty of keeping the roads in

repair. Though heritable and alienable, they remain subject to the burden

here described.[2389]

III. In the regulation of the agrarian conditions of Africa the statute

deals with three kinds of land, (1) private ex iure quiritium,[2390] (2)

private ex iure peregrino,[2391] (3) public domain of the Roman people

of various sub-classes.[2392] Lastly the statute aims to settle the

status of the lands of Corinth.[2393] As regards the Latins and aliens,

whatever has already been permitted them by treaty or law is allowed them

by this statute, provided the same thing is allowed a Roman citizen; but

it is forbidden them if forbidden a citizen. Rights granted the citizens

which up to this time are not enjoyed by aliens are not by this law

communicated to aliens.[2394]

Through this series of reactionary laws, from the Minucian (121) to the

Thorian (111), the optimates succeeded in nullifying the good results of

the Sempronian agrarian reforms. It was while the Minucian rogation[2395]

was under discussion that the senate took advantage of a disturbance

in the concilium to arm the consul Opimius with absolute power for

putting down C. Gracchus and his followers.[2396] The failure of an

attempt in the following year (120) to call Opimius to account for these

proceedings established the right of the senate to the appointment of

special commissions and to the decretum ultimum[2397]—a right on which

the optimates continued to insist to the end of the republic. Through

the plebiscite of L. Calpurnius Bestia (also 120)[2398] they put the

stamp of legitimacy upon the murder of the followers of Ti. Gracchus by

recalling from exile P. Popillius Laenas, who as consul in 132 and head

of a special court was chiefly responsible for that judicial crime.[2399]

An attempt was made by Q. Servilius Caepio, consul in 106, to restore

the courts to the senate,[2400] or possibly to compromise by providing

for an album composed of both senators and equites.[2401] The sources

imply that the measure was accepted by the comitia; but if so, it must

have been immediately annulled, as it was not carried into effect.[2402]

Within this period of reaction, and perhaps as a part of it, falls the

lex de libertinorum suffragiis of the consul M. Aemilius Scaurus, 115.

Although nothing certain is known of it, we may suppose that it attempted

again[2403] to restrict the libertini to the four city tribes.[2404]

About this time, too, several acts seem to have been passed for

diminishing the pay of soldiers, probably undoing the Sempronian law on

the subject.[2405]

A glance at these reactionary measures alone would leave the impression

that the senate was recovering its entire supremacy. This result might

have been reached had it not been on the one hand for the lasting

inspiration of the Gracchan spirit in the plebs and their leaders, and

on the other the new position of the equites. In 119 C. Marius, at once

a representative of the knights[2406] and of the peasants, opposed as

tribune of the plebs the senatorial aristocracy, which now had to depend

for immediate support upon the populace.[2407] The optimates had greatly

impaired the value of the secret ballot through the custodes tabellarum,

who stood on the pontes as well as by the boxes (cistae) to keep watch

over the voting. They were often influential men[2408]—in elections

selected by the candidates[2409]—who used their influence with the

voters, especially of the principium or of the prerogative century,[2410]

thereby maintaining for the aristocrats a high degree of control over the

comitia in spite of the ballot laws.[2411] For this reason C. Marius when

tribune of the plebs carried an act for making the pontes narrower that

there might be room on them for the voters only.[2412] The politicians,

however, soon found means of circumventing this law as well as the use

of the ballot.[2413] The populares could expect little therefore from the

plebiscite of C. Caelius, 107, which by extending the ballot to trials of

perduellio, completed the abolition of oral voting in the comitia.[2414]

We find another sign of popular recovery in the assembly’s resumption of

the appointment of special judiciary commissions.[2415] One of the most

remarkable courts of the kind was that created in 113 for the trial of

three Vestal virgins on a charge of incest. The pontifex maximus, who

possessed absolute authority over the Vestals, had already pronounced

judgment, condemning one and acquitting the other two, when a plebiscite

of Sex. Peducaeus, taking the case out of his hands, transferred it

to a quaestio extraordinaria.[2416] To such an extent did the tribune

apply the theory of popular sovereignty.[2417] The plebiscite of C.

Mamilius, 109, ordered the appointment of a court for the detection and

punishment of those who had accepted money from Jugurtha for aid rendered

him against the decrees of the senate and the interests of Rome. As it

was a blow aimed at the nobility, the people in the hatred they then

cherished against the governing class voted it with great spirit.[2418]

In 105 the tribal comitia abrogated the proconsular imperium of Q.

Servilius Caepio,[2419] and in the following year, they not only

appointed a special court to try him for embezzlement of the gold found

at Tolosa,[2420] but through the plebiscite of L. Cassius Longinus, they

disqualified for membership of the senate any person whom the people

had judicially condemned or whose imperium they had abrogated.[2421]

These acts confirmed and applied the principles underlying the deposition

of Octavius and the rogation of C. Gracchus concerning persons deposed

from office (abacti). In theory the people indirectly chose the senators

through their function of electing magistrates; and they were only

claiming this right when they insisted that he should be prohibited from

membership whom they had condemned in either of the two ways described

by the statute. It must have seemed to the people, on the other hand,

that the tribunes, who were once more their true representatives, had

as good a right as any other magistrates to seats in the senate. This

feeling found expression in the Atinian plebiscite, enacted between 122

and 102,[2422] which gave the tribunes the ius sententiae dicendae in the

senate with the same right to censorial enrolment as that enjoyed by the

curule magistrates.[2423]

The growing strength of the people and at the same time the increasing

dependence of the optimates on religion for the control of politics are

indicated by a law of 103 concerning the election of sacerdotes. More

than a hundred years earlier[2424] was instituted the custom of electing

the supreme pontiff and the chief curio in comitia of seventeen tribes

designated by lot. Toward the end of the plutocratic régime C. Licinius

Crassus in the interest of the people attempted in vain to pass a law

for extending the principle to all the members of the more important

sacerdotal colleges.[2425] The proposal was defeated by the eloquence of

C. Laelius,[2426] but at length it was passed as the lex de sacerdotiis

of Cn. Domitius, tribune of the plebs in 103. The statute affected the

pontifical and augural colleges, the decemviri sacris faciundis, and the

epulones.[2427] According to the new arrangement when a place became

vacant in any one of these colleges, the members of the college drew up

a list of eligible candidates from whom the comitia sacerdotum, composed

as above described, made a choice.[2428] In spite of this law religion

remained a political tool of the optimates.

Meantime the popular party succeeded in enacting economic laws. A

Porcian statute concerning interest, which may well have aimed to

benefit the poor, seems to be the work of M. Porcius Cato, consul in

118. The author had to defend the act against several attempts to repeal

it.[2429] In 109 under the stress of the Cimbric war the consul M.

Junius Silanus passed an act for repealing several earlier laws which

had diminished the pay of soldiers. We may reasonably believe that it

restored the Sempronian law on the subject.[2430] His immediate object

was to encourage enlistments.[2431] An agrarian rogation was offered by

L. Marcius Philipus, tribune of the plebs in 104. As the author was at

heart a democrat, his measure was doubtless inspired with the spirit

of the Gracchi. Perhaps it aimed to restore their law; but lacking

determination, the proposer readily allowed it to be voted down.[2432]

The monetary lex Clodia, which probably belongs to the same year, has no

political significance.[2433]

III. _The Appuleian Legislation and the Rule of the Moderate Optimates_

103-88

Through the legislative acts above described we can trace the speedy

restoration of the democracy and of comitial legislative power after

the overthrow of C. Sempronius Gracchus. We are now approaching a

second crisis in which the aristocracy had to struggle for existence.

Against it was formed a combination of three powerful men, C. Marius,

supported by the knights and the municipes,[2434] C. Servilius Glaucia,

and L. Appuleius Saturninus. It is almost certain that this Servilius

is to be identified with the author of the lex repetundarum of 111

or thereabout, probably a plebiscite, which repealed the Acilian law

on the same subject.[2435] In important respects his statute was an

improvement on earlier regulations of the crime. “Glaucia’s alteration

in procedure was thorough and permanent. He introduced the system of the

‘second hearing’—an obligatory renewal of the trial, which rendered it

possible for counsel to discuss evidence which had already been given,

and for jurors to get a grasp of the mass of scattered data which had

been presented to their notice[2436]—and he also made it possible to

recover damages, not only from the chief malefactor, but from all who

had dishonestly shared his spoils.”[2437] These principles were taken up

into the Cornelian law which superseded it in 81.[2438] The circumstance

that the man whom the optimates regarded as merely a vulgar demagogue

was the author of so statesmanlike a measure ought to militate against

their opinion, not only of him, but also of his associates. He, too,

represented the knights,[2439] whereas Appuleius was a champion of the

rural plebs against the senate and the populace. As tribune of the

plebs in 103 the latter proposed a law for the assignment of lands in

the province of Africa to the retiring veterans of Marius in lots of a

hundred iugera each. When Baebius, a colleague, interceded, the people

pelted him with stones and drove him from the assembly. Thus the law

was violently carried, but we hear nothing more of it. Probably it was

not enforced.[2440] This act marks an epoch in the history of Roman

colonization; through it the government first expressed its intention to

provide discharged soldiers with farms, a departure made necessary by the

Marian policy of filling the army with capite censi.[2441] Either to this

tribunate or more probably to his second belongs the lex de maiestate

(minuta),[2442] the first of the kind in Roman history. It defined the

crime and made general provisions for the prosecution of those who were

accused of it.[2443] The same statute provided for the establishment of a

court which seems to have been standing rather than special.[2444]

In his second tribunate, 100, supported by Marius, consul a sixth time,

and by Servilius, Appuleius proposed and carried a law for the founding

of settlements of the Marian veterans in Sicily, Corsica, Achaia, and

Macedonia.[2445] Marius was to be a commissioner for conducting these

colonies, and was to have the right to enroll as citizens in each

settlement a specified number of aliens.[2446] The object of the latter

clause was doubtless to provide for the Italian veterans in his army.

He proposed further that certain Transpadane lands which the Cimbri had

taken from the Gauls and which Marius had recovered should be distributed

among the citizens and the Italians.[2447] Another proposal was for the

monthly sale of a specified number of modii of grain to every citizen

resident of Rome who desired it at five-sixths of an as to the modius—a

merely nominal price.[2448] It is not known whether the colonial,

agrarian, and frumentarian measures were separate enactments or articles

of one statute; or the colonial and agrarian provisions may alone have

been combined. However that may be, we are informed by Appian[2449]

that attached to the agrarian measure—whether to the others also is

nowhere stated—was an article which provided that if the bill should

become a law, the senators within five days should swear to uphold it,

or if any senator refused to take the oath, he should be expelled from

the senate and should be liable to a fine of twenty talents, the Greek

equivalent of about five hundred thousand sesterces.[2450] The rural

plebs, including many discharged soldiers of Marius, swarmed into the

comitia at the call of the tribune and violently passed the law. Marius,

who as a consul and a knight disapproved of such illegality, set for

the senators the example of swearing to the law, “in so far as it was a

law,” which left them a loophole of escape from its provisions should

they afterward so determine. Metellus, who alone of the senators refused

the oath, was forced into exile and an interdict from fire and water

was passed against him by the tribes on the motion of Saturninus.[2451]

Soon afterward an election riot gave the senate a pretext for martial

law. Placed under custody, Saturninus and some fellow officials were

stoned to death by a mob. His measures were then annulled by the senate

on the ground that they had been violently passed;[2452] nevertheless

Mariana was founded by Marius in Corsica, apparently under the colonial

provision.[2453] The import of the agrarian law of Sex. Titius, tribune

of the plebs in 99, is unknown.[2454] It may have been merely a

reënactment of the Appuleian measure. At all events before it could be

put into force it was annulled by the senate on the ground that it had

been passed by violence and against the intercession of colleagues.[2455]

The optimates, having again triumphed over the democracy, adopted a

policy of moderation. Their consuls of 98, Q. Caecilius Metellus and T.

Didius, attempted by a mild statute to check the most flagrant abuses

of tribunician legislation, (1) the combination of various dissimilar

provisions in one bill (lex satura) for the purpose of drawing the

votes of all parties, (2) the passing of bills through the assembly

by surprise. Their law accordingly, reviving usages once in force but

recently neglected, forbade such combinations[2456] and ordered that the

promulgation should precede the voting by at least a trinum nundinum—an

interval which included three market days.[2457] Similarly in 95 their

consuls, L. Licinius Crassus and Q. Mucius Scaevola, aimed by an equally

moderate law to check the usurpation of the citizenship on the part of

aliens. It forbade peregrini to perform the functions of citizens, though

it did not order the innocent among them to leave Rome.[2458] It provided

for the appointment of a special commission to discover and punish

usurpers of the citizenship.[2459] Those found guilty were sent back to

their communities.[2460] Though the authors were eminent in justice and

cherished the best intentions, their law proved to be not merely useless

but most pernicious to the state,[2461] as it helped drive the Italians

to revolt.[2462]

The next attempt at reform proceeded from the inmost circle of the

aristocracy.[2463] M. Livius Drusus, tribune of the plebs in 91, was a

man of the highest nobility, wealthy, eloquent, and upright at heart,

the son of that Livius who had opposed C. Gracchus.[2464] Regarding his

aims and the quality of his statesmanship conflicting opinions have

been expressed by modern scholars. The sources intimate that he wished

primarily to strengthen the senate by breaking away from its hide-bound

conservatism and undertaking various pressing reforms. His agrarian

measure was conceived in the Gracchan spirit but was more radical.[2465]

Appian[2466] states that it proposed the founding of colonies voted long

ago but not yet established. Reference must be to the twelve colonies

planned by his father.[2467] It probably abolished the statute of 111

and ordered the division not only of the Campanian lands,[2468] but also

of those public domains which were held by the allied communities—in

brief, of all the public land remaining in Italy and Sicily;[2469] and it

established a board of ten for making the assignments.[2470] Livy[2471]

attributes to the author a frumentarian proposal, though we are not

informed of its character. The aim must have been to win the support of

the populace for his other measures.[2472]

He further proposed to mix with the silver coinage an eighth part of

copper,[2473] the proceeds of this gain to be applied perhaps to the

execution of his frumentarian project.[2474] There is much controversy

as to the intent of his judiciary reform. Appian[2475] supposes that

he wished to add three hundred knights to the senate and to draw the

jurors from that body thus enlarged. Velleius[2476] is of the opinion

that his aim was to transfer the iudicia to the senate; whereas the

epitomator of Livy[2477] directly states that he provided for making up

the iudicia of senators and knights in equal numbers. We may partially

reconcile these conflicting statements by supposing that he planned to

compose the jurors’ album of six hundred senators and knights in equal

numbers, by which expedient he hoped to bring these two hostile orders

back to their former harmony,[2478] while serving the interests of the

senate and ridding the state of the corrupt and tyrannical rule of the

knights.[2479] By a special article of the rogation a quaestio, probably

perpetua, was to be appointed to inquire into the cases of bribery

of jurors and to punish the guilty.[2480] His most radical measure,

introduced after opposition to his other reforms began to develop,[2481]

was for extending the citizenship to the Latins[2482] and to all the

Italians.[2483] This group of proposals, designed for the benefit of

all parties, proved distasteful to all. The senators found a ground

for complaint in the circumstance that the knights would have equal

power with them in the courts; the knights were unwilling to surrender

their judicial control or to grant the franchise to the Italians; the

wealthy Italians feared they might lose the public lands which they

still held. Only the poor among the Romans and allies supported the

proposal in the hope of profiting by the distribution of lands.[2484] The

agrarian, frumentarian, monetary, and judiciary measures were combined

in one statute, and passed with violence[2485] and contrary to the

omens.[2486] On these grounds and furthermore because they violated the

article of the Caecilian-Didian statute forbidding the passing of a lex

satura, they were annulled by the senate.[2487] Although Drusus might

have interposed his veto against this decree, he preferred rather to

disregard it, most probably on the theory that the senatorial authority

did not avail against the sovereign will of the people.[2488] Aware that

his intercession would but postpone the annulment to another year, he

contented himself with informing his opponents that his measures were

absolutely necessary for the security of the state, and that those who

offended against them did it at their peril. He proceeded to carry

his statute into immediate effect.[2489] A plebiscite of Saufeius, a

colleague, established a commission of five in addition to the ten

provided for by the Livian statute; and Livius was elected a member of

both commissions.[2490] After his murder the Livian and Saufeian statutes

were both considered null and void.[2491]

The lex Remmia de calumniatoribus, which was enacted before 80, may

belong to the year of the Livian attempt at reform, 91;[2492] and in

that case it would be most natural to regard it as a piece of counter

legislation to offset the proposal for establishing a court for the trial

of jurors accused of bribery. The complainant who was proved malicious it

rendered liable to trial and punishment with the loss of citizenship and

the branding of his forehead with the letter K (for Kalumniator).[2493]

This we may believe was the defiance offered by the knights to those who

were attempting to bring them to account for their conduct as judges.

Exulting in their victory over Drusus, they expressed their antipathy to

the Italian movement in a lex de maiestate of Q. Varius, tribune of the

plebs in 90. They stood round the Rostra with drawn daggers and forced it

through the comitia in spite of tribunician intercession. It supplanted

the Appuleian law on the subject by a severe provision against those

who encouraged the Italians to demand the citizenship or in any way to

conspire or to revolt against the Roman people. It must have contained an

article, too, concerning seditions.[2494] The court which it established

was to sit on all ordinary dies fasti, undisturbed by iustitia,[2495] and

was to be a quaestio perpetua.[2496] Now that two attempts, the Appuleian

and the Livian, to substitute more popular measures for the Sempronian

frumentarian law had failed, the optimates found themselves strong

enough to supersede the Sempronian act by one less popular. This was the

Octavian law,[2497] the contents of which are unknown, but which received

the praise of Cicero for its moderation.[2498]

The Social War, following close upon the murder of Livius Drusus,

compelled the Romans to grant the citizenship to the Italians. This

result was brought about by a succession of statutes. A law of the consul

L. Julius Caesar, 90, bestowed the citizenship upon the Latins[2499]

and on all the Italians who had not taken arms against Rome[2500] and

who were willing to accept the gift.[2501] The same statute probably

regulated the assignment of these new citizens to the tribes.[2502]

In the following year a law of L. Calpurnius Piso, probably a tribune,

granted the commanding general power, apparently absolute, to bestow

the right of the city upon the soldiers under his orders.[2503] Another

statute of 89, carried by M. Plautius Silvanus and C. Papirius Carbo,

tribunes of the plebs, granted the citizenship to all members of allied

communities who were domiciled in Italy at the time the statute was

passed and who within sixty days should signify to the praetor at Rome

their willingness to accept the offer.[2504] The object of this measure

was not only to expedite the reconciliation, but also to make the work

of the next censors practicable. The citizenship thus granted involved

the right of suffrage, though in new tribes which voted after the others.

Many Italians, especially the Lucanians and the Samnites, took no notice

of the offer.[2505] In the same year Cn. Pompeius Strabo, a consul,

proposed and carried a law which seems to have empowered himself at his

discretion to invest with full citizenship those Transpadani who already

enjoyed the Latin rights, and to confer upon the rest the ius Latii.[2506]

The question as to the composition of the courts, still left unsettled,

was taken up by M. Plautius Silvanus, the tribune referred to above. His

statute transferred the filling of the album from the urban praetor to

the tribes, which were to elect each fifteen members. The law made the

qualifications of the iudices independent of the social classes. Under it

accordingly senators and a few common plebeians in addition to equites

served as jurors, so that the equestrian control of the courts was

partially checked.[2507]

Mommsen[2508] supposes that these jurors were for the quaestio de

maiestate only. For this opinion he depends upon the assertion of

Cicero[2509] that the equites remained till Sulla’s legislation in

uninterrupted possession of the courts. The authority of Cicero, however,

would allow us to assume that while the equites lost the legal monopoly

they retained practical control. However that may be, it is hardly

possible that this reactionary measure survived the proletarian uprising

under Marius and Cinna. The lex agraria of the same Plautius seems to

have been intended for supplying the veterans of the Social War with

farms.[2510] The lex Papiria, which introduced the semiuncial _as_, is

doubtless to be assigned to C. Papirius Carbo, the colleague of Plautius

above mentioned. If so, the object was to relieve slightly the financial

embarrassment caused by the war, and more particularly to bring the small

coins of Rome into correspondence with those of Italy.[2511]

IV. _The Political Equalization of Italy_

88-83

With many Italians still in revolt and the others smarting under the

inferior citizenship eked out to them, and with Mithridates threatening

the existence of the empire, Rome should have adopted a policy of

domestic conciliation. Under these circumstances Sulla, consul in 88,

showed a lamentable want of tact in expressing the sentiment that there

could be no peace in Italy as long as a single Samnite lived[2512]—a

curiously antiquated frame of mind for a statesman of his shrewdness.

The cause of the new citizens was taken up by P. Sulpicius Rufus, a

patrician who had forsaken his rank to qualify himself for the plebeian

tribunate.[2513] A man of marvellous eloquence, he had been an adherent

of Drusus, though more inclined to the equestrian interests. As tribune

of the plebs, 88, he seems to have tried to win the support of the senate

and of the equestrian order to his policy; but failing in the attempt,

he looked for aid to the commons and to a small band of knights who were

faithful to him. His rogation contained the following articles: (1)

that the new citizens and the libertini should be distributed among all

the tribes,[2514] with a view to completing the plan of Livius Drusus

for the political equalization of Italy; (2) that those who had been

driven from the state by violence should be recalled.[2515] This article

was probably for the benefit of those knights against whom the Varian

law had been turned.[2516] His rogation provided further, (3) that no

one who owed more than two thousand denarii should be a senator.[2517]

Money was scarce because of the war;[2518] and Sulpicius must have felt

that if the senators, most of whom were abundantly able, should pay

their debts, it would go far toward relieving the stringency, and that

if any were ejected because of failure to pay, an opportunity would be

afforded of promoting equites to the vacant places. The consuls of the

year, L. Cornelius Sulla and Q. Pompeius Rufus, attempted to prevent a

vote on these radical measures by interposing a cessation of business

for many days through the proclamation of a festival.[2519] With his

armed followers Sulpicius forced the consuls to recall the proclamation,

whereupon Sulla fled for safety to his army at Nola. Sulpicius then

added to his statute a fourth article to the effect that the imperium

of Sulla should be abrogated and that the province of Asia, involving

the conduct of the war against Mithridates, should be given to Marius

as proconsul,[2520] although the latter was now but a private citizen.

Doubtless Sulpicius understood that there could be no guarantee for

the execution of his statute as long as Sulla remained in power, and

furthermore that the advancement of Marius would be a great gain for the

knights. The bill was passed by the comitia of tribes; but Sulla, far

from delivering up his command, marched his army into Rome to settle the

question in his own interest by the sword. On his initiative Sulpicius,

Marius, and ten of their associates were declared public enemies by a

decree of the senate ratified by a popular vote.[2521] There is no need

of assuming that the supporters of the tribune turned against him; the

optimates were as clever as their opponents at packing assemblies. The

absurdity of continuing the worn-out comitial machinery as a factor of

government is nowhere more apparent than on this page of history, which

records that the comitia a few days after adopting the measures of

Sulpicius, voted to outlaw him and his friends. Marius fled; Sulpicius

and several adherents were killed. Thereupon the senate annulled the

entire Sulpician statute on the ground that it had been violently

passed.[2522]

No statesman, however opposed to popular government, could think of

abolishing the comitia or even of putting an end to their legislative

function. But the democracy could be effectually checked by reducing

the legislative power of the assemblies to the harmless function of

ratifying decrees of the senate. This result Sulla and Pompeius aimed

to reach by renewing an ancient law[2523] that no measure should ever

again be brought before the people which had not been previously

considered and agreed to by the senate.[2524] A closely related law of

the same consuls ordered that “the voting should not be by tribes but

by centuries, as King Tullius had ordained.”[2525] This statement has

often been interpreted to signify the restoration of the earlier form of

comitia centuriata. But it seems most improbable that, on the point of

setting out for a long, distant war, Sulla should think of restoring an

organization which had been obsolete for more than a century and a half,

and which could have been known to none but antiquarians. With his clear,

practical intelligence he could not have failed to see the insuperable

difficulty of restoring the ancient definitions of the classes in

terms of iugera or even on the later basis of the libral _as_.[2526]

Furthermore no censors were then at hand to undertake the work, and it

was altogether unlikely that during his absence any could be elected who

would be willing to apply themselves to the revitalization of the antique

mummy. Such a measure, too, as Meyer[2527] has pointed out, would place

the control of the assembly in the hands, not of the senate, but of the

knights, his mortal enemies. It is far more reasonable to suppose that

this act transferred the function of ratifying laws from the tribal to

the centuriate comitia, to restore the arrangement supposed to have been

introduced by Servius Tullius.[2528] If this reasoning is correct, the

act under consideration totally abolished the legislative initiative

of the tribunes.[2529] The other Cornelian-Pompeian law mentioned by

Appian must have applied, accordingly, not to the tribunate but to the

other magistracies.[2530] The current interpretation, which involves

the theory of a return to the original centuriate system, requires

further examination. Its chief basis is the statement of Appian that no

law should be brought before the πλῆθος which had not been previously

considered in the senate. It is commonly assumed that he uses δῆμος to

designate the whole citizen body, and πλῆθος the exclusively plebeian

assembly under tribunician presidency. A study of his usage, however,

proves that he makes no such discrimination. Δῆμος is ordinarily the

people in general, especially as distinguished from the βουλή,[2531]

parallel to Livy’s common distinction between plebs and senatus. It

is the technical term for the plebs in their tribal comitia under

tribunician presidency.[2532] Rarely it signifies the state[2533] with

reference to the interest of the people. Πλῆθος, on the other hand,

ordinarily denotes the masses, multitude, rabble,[2534] including the

crowd gathered not only in a tribunician assembly[2535] but also in

the ἐκκλησία (here meaning contio) under the presidency of a patrician

magistrate.[2536] But πλῆθος is never technically or officially used to

denote any assembly either of the populus or of the plebs. In the passage

under discussion Appian’s statement of the Cornelian-Pompeian law is

εἰσηγοῦντό τε μηδὲν ἔτι ἀπροβούλευτον ἐς τὸν δῆμον ἐσφέρεσθαι, in which

he uses δῆμος according to his custom to designate the popular assembly

without specifying whether it is of the populus or of the plebs. In

commenting on it he substitutes πλῆθος for δῆμος for the purpose, not of

defining the assembly as tribunician, but of contrasting the masses in

the assembly with the nobles in the senate: ἐσ τὸ πλῆθος is substantially

equivalent to ἐν τοῖς πένησι καὶ θρασυτάτοις used just below; Sulla

wished nothing to be submitted to the masses in the comitia centuriata

before it had been considered by the senate.

Appian[2537] attributes to Sulla for this early date an attempt to

increase the number of senators. “They (the consuls) enrolled three

hundred nobles in the senate, which had been reduced in numbers and for

that reason had come to be despised.” He does not state, however, by what

authority the consuls made this extraordinary adlectio; and it is in fact

improbable that the senate had so dwindled. However that may be, the

increase did not take permanent effect at this time.[2538] Two other laws

of these consuls are briefly mentioned: (1) for planting colonies,[2539]

of which nothing is known; (2) a lex unciaria.[2540] The latter may have

been a reduction of existing debts by one-twelfth of the principle, or a

lowering of the maximal rate of interest to 8⅓ per cent;[2541] or it may

have been a general insolvency law, providing for the payment of debts in

instalments.[2542] The chief value of these measures, even if we knew

them in detail, would be to reveal the idea of their authors; for they

were all repealed in the following year on the initiative of the consul

L. Cornelius Cinna, probably by a comitial vote.[2543]

Cinna then proposed (1) a renewal of the Sulpician plebiscite for

the enrolment of the new citizens and the libertini among all the

tribes,[2544] (2) a recall of Marius and the other exiles.[2545]

Before these measures could be carried, the consul was driven from

Rome and deposed from office by an act of the senate on the motion

of Cn. Octavius, the other consul.[2546] This is the only certain

instance of the abrogation of the civil imperium known to the history

of the republic. Cinna returned at the head of an army; and after

taking forcible possession of the city, he carried his law concerning

the exiles through the assembly either on his own motion or that of a

tribune.[2547] As the senate, reversing its earlier action,[2548] had

already legalized the Sulpician provision concerning the distribution of

the libertini and the new citizens among the thirty-five tribes,[2549] it

was without reënactment carried into effect in 84.[2550] The execution

of this measure completed the political unification of Italy. Meantime

L. Valerius Flaccus, consul suffectus in 86, to relieve the financial

distress, passed a law which compelled creditors to satisfy themselves

with one-fourth of the amount due.[2551] In 83 M. Junius Brutus, tribune

of the plebs, proposed and carried, as a milder measure of relief, a law

for the colonization of Capua.[2552]

Schulze, C. F., _Volksversammlungen der Römer_, 110-26;

Peter, C., _Epochen der Verfassungsgesch. der röm. Republik_,

141-65; _Geschichte Roms_, bks. VI, VII. chs. i-iv; Ihne,

W., _History of Rome_, bk. VII. chs. ii-xix; _Researches

into the History of the Roman Constitution_, 161 ff.; Long,

G., _Decline of the Roman Republic_, I. ch. x-II. ch. xxiv;

Lange, _Röm. Altertümer_, iii. 1-146, and see indices s.

the various laws; _Die promulgatio trinum nundinum, die

lex Caecilia Didia und nochmals die lex Pupia_, in _Kleine

Schriften_, ii. 214-70; Mommsen, Th., _History of Rome_, bk.

iv; _Röm. Staatsr._ see index s. the various laws; _Ueber das

thorische Ackergesetz_, in _Ber. sächs. Gesellsch. d. Wiss._

i (1849). 89-101; Neumann, C., _Geschichte Roms_, I. chs.

ii-v; Ferrero, _Greatness and Decline of Rome_, I. chs. ii-v;

Greenidge, A. H. J., _History of Rome_, i; _The Lex Sempronia

and the Banishment of Cicero_, in _Class. Rev._ vii (1893).

347 f.; Greenidge and Clay, _Sources for Roman History_,

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Wars_, bk. i, with notes; Weber, M., _Röm. Agrargeschichte_,

151 ff.; Dreyfus, _Lois agr. sous la république Rom._ 77-196;

Voigt, M., _Ueber die staatsrechtliche Possessio und den Ager

compascuus_, in _Abhdl. sächs. Gesellsch. d. Wiss._ x (1880).

221-72; _Ueber das röm. System der Wege im alten Italien_, in

_Ber. sächs. Gesellsch. d. Wiss._ xxiv (1872). 29-90; Babeion,

E., _Monnaies de la république Rom._ i. 69-79; Billeter, G.,

_Geschichte des Zinsfusses im griechisch-röm. Altertum_,

155 ff.; Fowler, W. W., _Notes on Gaius Gracchus_, in _Eng.

Hist. Rev._ xx (1905). 209-27, 417-33; _Gaius Gracchus and

the Senate_, in _Class. Rev._ x (1896). 278-80; Pöhlmann, R.,

_Zur Geschichte der Gracchen_, in _Sitzb. d. bayer. Akad. d.

Wiss._ 1907. 443-93; Oman, C., _Seven Roman Statesmen_, i-iv;

Huschke, Ph. E., _Die lex Sempronia und ihr Verhältniss zur

lex Acilia repetundarum_, in _Zeitschr. f. Rechtsgesch._ v.

(1866). 46-84; Rudorff, A. E., _Ad legem Aciliam de pecuniis

repentundis latam anno ab urbe condita 631 vel 632_, in

_Philol. u. hist. Abhdl. d. k. Akad. d. Wiss. zu Berlin_, 1861.

411-553; Krüger-Brissaud, _Hist. d. sources d. droit Rom._ 94

f.; Hegewisch, D. H., _Geschichte der gracchischen Unruhen_;

Ahren, E. A. J., _Die drei Volkstribunen Ti. Gracchus, M.

Drusus, und P. Sulpicius_; Nitzsch, K. W., _Die Gracchen und

ihre nächsten Vorgänger_, bks. iii, iv; Blasel, J., _Die

Motiven der Gesetzgebung des C. Gracchus_; Callegari, E., _La

legislazione di Caio Gracco_; Meyer, E., _Untersuchungen zur

Geschichte der Gracchen_, in _Festschriften ... der vereinigten

Friedrichs-Universität_, etc. 1894. _Philos. Fak._ 79-109;

controverted by Schwartz, E., in _Göttingische gelehrte

Anzeigen_, clviii (1896). 792-811; Hesky, R., _Anmerkungen zur

lex Acilia repetundarum_, in _Wiener Studien_, xxv (1903).

272-87; Brassloff, S., _Beiträge zur Erläuterung der lex Acilia

repetundarum_, ibid. xxvi. 106-17; Hagge, _Einige Bemerkungen

über die lex Servilia repetundarum_; Mühl, F. V., _De L.

Appuleio Saturnino tribuno plebis_; Pappritz, R., _Marius

und Sulla_; Vassis, S., Ζητληματα Ῥωμαϊκά, in _Athena_, xii

(1900). 54-7 (on the Cornelian-Pompeian laws of 88 concerning

the assemblies); Lengle, J., _Sullanische Verfassung_;

articles in Pauly-Wissowa, _Real-Encycl._ i. 426-8: Adsignatio

(Kubitschek); 256: (M’.) Acilius Glabrio (Klebs); 584-8: M.

Aemilius Scaurus (Klebs); 780-93 Ager (idem); ii. 261-9:

Appuleius (Klebs); 2848 f.: Bantia (Hülsen); iii. 1414-21:

Calumnia (Hitzig); 1441 f.: Campanus Ager (Kubitschek); iv. 195

f.: C. Coelius Caldus (Münzer); 510-88: Coloniae (Kornemann);

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_Dict._ i. 133-8: Ager Publicus (Humbert); 1301-21: Colonies

Romains (Lenormant); ii. 1346-8: Frumentariae leges (Humbert).

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