dishonourable and disgraceful to Rome. The kinsfolk and friends of the
soldiers, who were a large part of the people, crowded about Tiberius,
charging the general with the disgraceful part of what had happened, and
declaring that Tiberius had been the saviour of so many citizens. Those
who were the most vexed at the events in Iberia,[41] recommended that
they should follow the example of their ancestors; for in former times
the Romans stripped of their clothes and delivered up to the
Samnites[42] those who had purchased their safety on dishonourable
terms, both the generals and all who had any share or participation in
the treaty, quæstors and tribunes all alike, and on their heads they
turned the violation of the oaths and the infraction of the agreement.
It was on this occasion particularly, that the people showed their
affection and zeal towards Tiberius: for they decided to deliver up the
consul, stripped and in chains, to the Numantines, but they spared all
the rest on account of Tiberius. It appears that Scipio also, who was
then the most powerful man in Rome, gave his assistance in this matter,
but nevertheless he was blamed for not saving Mancinus, and not making
any exertion to ratify the treaty with the Numantines, which had been
concluded by his relation and friend Tiberius. But whatever difference
there was between Scipio and Tiberius on this occasion, perhaps
originated mainly in jealousy and was owing to the friends of Tiberius
and the sophists, who endeavoured to prejudice him against Scipio. There
was, however, no irreconcilable breach made between them, and no bad
result from this affair; indeed, it seems to me that Tiberius would
never have been involved in those political measures which cost him his
life, if Scipio Africanus had been at Rome while they were going on. But
it was while Scipio was carrying on the war at Numantia[43] that
Tiberius commenced his legislation, to which he was led from the
following motives.
VIII. Whatever territory the Romans acquired from their neighbours in
war, they sold part, and retaining the other part as public
property,[44] they gave it to the poorer citizens to cultivate, on the
payment of a small sum to the treasury. But as the rich began to outbid
the poor, and so to drive them out, a law was passed which forbade any
one to have more than five hundred jugera of land. This law restrained
the greediness of the rich for a short time, and was a relief to the
poor, who remained on the land which they had hired, and cultivated the
several portions which they originally had. But in course of time their
rich neighbours contrived to transfer the holdings to themselves in the
names of other persons, and at last openly got possession of the greater
part of the public lands in their own names, and the poor, being
expelled, were not willing to take military service and were careless
about bringing up families, in consequence of which there was speedily a
diminution in the number of freemen all through Italy, and the country
was filled with ergastula[45] of barbarian slaves, with whom the rich
cultivated the lands from which they had expelled the citizens. Now
Caius Lælius,[46] the friend of Scipio, attempted to remedy this
mischief, but he desisted through fear of the disturbances that were
threatened by the opposition of the rich, whence he got the name of wise
or prudent, for such is the signification of the Roman word "sapiens."
Tiberius, on being elected tribune,[47] immediately undertook the same
measures, as most say, at the instigation of the orator Diophanes and
the philosopher Blossius.[48] Diophanes was an exile from Mitylene:
Blossius was an Italian from Cumæ, and had been an intimate at Rome with
Antipater of Tarsus, who had done him the honour of dedicating to him
some of his philosophical writings. Some give part of the blame to
Cornelia also, the mother of Tiberius, who frequently reproached her
sons that the Romans still called her the mother-in-law of Scipio, but
not yet the mother of the Gracchi. Others say that jealousy of one
Spurius Postumius,[49] a contemporary of Tiberius, and a rival of his
reputation as an orator, was the immediate motive: for it is said that
when Tiberius returned to Rome from his military service, he found that
Postumius had far out-stripped him in reputation and influence, and
seeing the distinction that Postumius had attained, he determined to get
the advantage over him by engaging in measures which were attended with
hazard, but promised great results. But his brother Caius in a certain
book has recorded, that as Tiberius was passing through Tyrrhenia
(Tuscany), on his road to Numantia, he observed the deserted state of
the country, and that the cultivators and shepherds were foreign slaves
and barbarians; and that he then for the first time conceived those
political measures which to them were the beginning of infinite
calamities. But the energy and ambition of Tiberius were mainly excited
by the people, who urged him by writing on the porticoes, the walls, and
on the tombs, to recover the public land for the poor.
IX. He did not, however, draw up the law without assistance, but took
the advice of the citizens most eminent for character and reputation,
among whom were Crassus[50] the pontifex maximus, Mucius Scævola,[51]
the jurist, who was then consul, and Claudius Appius, his father-in-law.
Never was a measure directed against such wrong and aggression conceived
in more moderate and gentle terms; for though the rich well deserved to
be punished for their violation of law and to be compelled to surrender
under penalties the land which they had been illegally enjoying, the law
merely declared that they should give up their unjust acquisitions upon
being paid the value of them, and should allow the lands to be occupied
by the citizens who were in want of this relief. Though the reform of
this abuse was so moderate and reasonable, the people were satisfied to
take no notice of the past and to secure themselves against wrong for
the future. But the rich and those who had possessions detested the
proposed law because of their greediness, and the proposer of it was the
object of their indignation and jealousy; and accordingly they attempted
to divert the people from the measure, by insinuating that Tiberius was
proposing a division of land merely to disturb the state and to bring
about a revolution. But they failed altogether; for Tiberius, supporting
a measure in itself honourable and just, with an eloquence[52]
calculated to set off even a meaner subject, showed his power and his
superiority over his opponents, whenever the people were crowded round
the rostra and he addressed them about the poor. "The wild beasts of
Italy," he would say, "had their dens and holes and hiding-places, while
the men who fought and died in defence of Italy enjoyed, indeed, the air
and the light, but nothing else: houseless and without a spot of ground
to rest upon, they wander about with their wives and children, while
their commanders, with a lie in their mouth, exhort the soldiers in
battle to defend their tombs and temples against the enemy, for out of
so many Romans not one has a family altar or ancestral tomb, but they
fight to maintain the luxury and wealth of others, and they die with the
title of lords of the earth,[53] without possessing a single clod to
call their own."
X. Such language as this, proceeding from a lofty spirit and genuine
feeling, and delivered to the people, who were vehemently excited and
roused, none of the enemies of Tiberius attempted to refute.
Abandoning, therefore, all idea of opposing him by words, they addressed
themselves to Marcus Octavius,[54] one of the tribunes, a young man of
sober and orderly disposition, and a companion and friend of Tiberius.
At first Octavius, from regard to Tiberius, evaded the proposals, but
being urged and importuned by many of the powerful nobles,[55] and as
it were, driven to it, he set himself in opposition to Tiberius, and
prevented the passing of the law. Now all the power is virtually in the
hands of the dissentient tribune, for the rest can do nothing if a
single tribune oppose them. Irritated at this, Tiberius withdrew his
moderate measure and introduced another, more agreeable to the people
and more severe against the illegal possessors of land; this new measure
ejected persons out of the lands which they had got possession of
contrary to existing laws. There was a daily contest between him and
Octavius at the rostra, but though they opposed one another with great
earnestness and rivalry, it is said they never uttered a disparaging
word against one another, and that no unbecoming expression ever escaped
either of them against the other. It is not, then, in bacchanalian
revelries[56] only, as it seems, but also in ambitious rivalry and
passion, that to be of noble nature and to have been well brought up,
restrains and governs the mind. Tiberius, observing that Octavius
himself was obnoxious to the law and possessed a considerable tract of
the public land, begged him to desist from his opposition, offering to
pay him the value of the land out of his own purse, though he was by no
means in affluent circumstances. Upon Octavius rejecting the proposal,
Tiberius by an edict forbade all the other magistrates to transact any
public business until the people had voted upon his law; and he placed
his private seals on the temple of Saturn,[57] that the quæstors might
not be able to take anything out of it or pay anything in, and he gave
public notice that a penalty would be imposed on the prætors if they
disobeyed; in consequence of which all the magistrates were afraid and
ceased from discharging their several functions. Upon this the
possessors changed their dress and went about the Forum in a piteous and
humble guise, but in secret they plotted against Tiberius and
endeavoured to procure assassins to take him off; in consequence of
which, Tiberius, as everybody knew, wore under his dress a short sword,
such as robbers use, which the Romans call dolo.[58]
XI. When the day came and Tiberius was calling the people to the vote,
the voting-urns[59] were seized by the rich and the proceedings were
put into great confusion. However, as the partisans of Tiberius, who had
the superiority in numbers, were collecting in order to make resistance,
Manlius[60] and Fulvius, both consular men, falling down at the knees of
Tiberius, and clinging to his hands with tears, begged him to desist.
Tiberius, seeing that matters were near coming to extremities, and from
regard to the men also, asked them what they would have him do; to which
they replied, that they were not competent to advise on so important a
matter, and they urged him to refer it to the senate, and at last he
consented. The senate met, but did nothing, owing to the opposition of
the rich, who had great influence in the body; upon which Tiberius had
recourse to the unconstitutional and violent measure of depriving
Octavius of his office, finding it impossible to put his proposed law to
the vote in any other way. In the first place, he publicly entreated
Octavius, addressing him affectionately and clinging to his hands, to
yield to and gratify the people, who asked for nothing but their rights,
and would only get a small matter in return for great dangers and
sufferings. Octavius rejected this proposition; upon which Tiberius
reminded him that both of them were magistrates and were contending with
equal power on a weighty matter, and that it was not possible for this
struggle to continue without coming to open hostility; that he saw no
remedy except for one of them to give up his office; and he bade
Octavius put it to the people to vote on his case first, and said that
he would immediately descend to the station of a private man, if the
citizens should desire it. As Octavius refused this proposal also,
Tiberius said that he would put the question about Octavius retiring
from the tribunate to the people, if Octavius did not change his
resolution.
XII. Thus ended the assembly of that day. On the following day Tiberius
mounted the rostra and again endeavoured to persuade Octavius; but as he
would not yield, Tiberius proposed a law by which Octavius should be
deprived of his tribunate, and he forthwith summoned the citizens to
vote upon it. Now, there were five and thirty tribes,[61] and when
seventeen of them had already given their vote, and the addition of one
more tribe would reduce Octavius to a private condition, Tiberius
stopped the voting, and again entreated Octavius, embracing him in the
presence of the people and urgently praying him not to be careless about
being deprived of his office, and not to bring on him the blame of so
severe and odious a measure. It is said that Octavius was not entirely
untouched or unmoved by these entreaties, and his eyes were filled with
tears and he was silent for some time. But when he looked to the rich
and the possessors, who were standing together in one body, through fear
of losing their good opinion, as it seems, he boldly determined to run
every risk, and he told Tiberius to do what he pleased. Accordingly the
law was passed, and Tiberius ordered one of his freedmen to drag
Octavius from the rostra, for Tiberius employed his own freedmen as
officers; a circumstance which made the spectacle of Octavius dragged
from the rostra with contumely still more deplorable. At the same time
the people made an assault on Octavius, and though the rich all ran to
his assistance and disengaged him from their hands, it was not without
difficulty that he was rescued and made his escape from the mob. But one
of his faithful slaves, who had placed himself in front of his master to
defend him, had his eyes torn out. This violence was quite contrary to
the wishes of Tiberius, who, on seeing what was going on, speedily made
his way to the disturbance.
XIII. The law about the land was now immediately carried, and
triumviri[62] were appointed for ascertaining its bounds and
distributing it; the triumviri were Tiberius, and his father-in-law
Claudius Appius, and Caius Gracchus, his brother, who, however, was not
at Rome, but serving under Scipio against Numantia. All this Tiberius
accomplished quietly without any opposition, and he also procured to be
elected tribune in the room of Octavius, not a person of rank, but one
Mucius[63] a client[64] of his own. The nobles, who were vexed at all
these measures and feared the growing power of Tiberius, treated him in
the senate with contumely; and upon his asking, according to custom, for
a tent from the treasury for his use while he was distributing the land,
they refused it to him, though others had often had one allowed them on
less important occasions; and they only gave him for his expenses nine
oboli[65] a day, which was done on the motion of Publius Nasica,[66] who
entered violently into the opposition against Tiberius, for he was in
possession of a very large amount of public land, and was greatly
annoyed at being forcibly ejected from it. But the people now became
still more violent. A friend of Tiberius happened to die suddenly, and
suspicious marks immediately showed themselves on the body. The people
cried out that he was poisoned, and collecting in great numbers at the
funeral, they carried the bier and stood by while the body was burnt.
And the suspicion of poison appeared to have some reason, for the body
burst on the pile and sent forth such a quantity of corrupt humours as
to quench the flame; and though a light was again applied, the body
would not burn till it was removed to another place, where, after much
trouble, the fire at last laid hold of it. Upon this Tiberius, with the
view of exciting the people still more, changed his dress, and showing
his children to the people, begged that they would protect them and
their mother, for he now despaired of his own safety.
XIV. On the death of Attalus[67] Philometor, Eudemus of Pergamum brought
his will to Rome, in which the Roman people were made the king's heir.
In order to please the people, Tiberius promulgated a law to the effect
that as soon as the king's treasures were received, they should be
distributed among those who had assignments of land, in order to enable
them to stock the farms and to assist them in their cultivation. With
respect to the cities included within the kingdom of Attalus, he said
that the senate had no right to decide about them, but he would bring
the subject before the popular assembly. This measure gave violent
offence to the senate, and Pompeius[68] getting up, said that he lived
near Tiberius, and so knew that Eudemus of Pergamum had given a diadem
out of the royal treasures and a purple robe to Tiberius, who designed
to make himself king in Rome. Quintus Metellus[69] reproached Tiberius
by reminding him, that whenever his father, during his censorship, was
returning home from supper, the citizens used to put out the lights for
fear it might be supposed that they were indulging too much in
entertainments and drinking, but that the most insolent and needy of the
citizens accompanied Tiberius with lights at night. Titus Annius,[70]
who was not a man of good repute or sober behaviour, but in any contest
of words by way of question and answer was considered to be unequalled,
challenged Tiberius to answer definitely whether he had or had not
branded with infamy his brother tribune, though by the law he was sacred
and inviolable. As the question was received with signs of approbation,
Tiberius, hastily quitting the senate-house, convoked the people and
ordered Annius to be brought before them, with the intention of accusing
him. But Annius, who was much inferior to Tiberius both in eloquence and
reputation, had recourse to his tricks, and called on Tiberius to answer
a few questions before he began his speech. Tiberius assented, and as
soon as there was silence, Annius said, "If you intend to deprive me of
my rank, and disgrace me, and I appeal to one of your brother tribunes,
and he shall come to my aid, and you shall then fall into a passion,
will you deprive him of his office?" On this question being put, it is
said that Tiberius, though no man was readier in words or bolder in
action, was so confused that he made no reply.
XV. For the present Tiberius[71] dissolved the assembly, seeing that his
proceedings with respect to Octavius were not liked either by the
nobles or the people, for they considered that the high and honourable
dignity of the tribunate, which had been kept unimpaired up to that
time, had been destroyed and trampled upon. He made an harangue to the
people, a few of the arguments of which it will not be out of place to
mention, for the purpose of showing the persuasive eloquence and the
subtlety of the man. He said that a tribune was sacred and inviolate,
only because he was dedicated to the people and was the guardian of the
people. If then a tribune should deviate from his duty and wrong the
people, abridge their power and deprive them of the opportunity of
voting, he had by his own act deprived himself of his rank, by not
fulfilling the conditions on which he received it. Now we must consider
a tribune to be still a tribune, though he should dig down the Capitol
and burn the naval arsenal. If he should commit such excesses as these,
he is a bad tribune; but if he should attempt to deprive the people of
their power, he is not a tribune at all. And is it not a monstrous thing
if a tribune shall have power to order a consul to be put in prison, and
the people shall not be able to deprive a tribune of his power when he
is using it against the people who gave it to him? for both tribune and
consul are equally chosen by the people. Now the kingly office, besides
comprehending within it all civil power, is consecrated to the divinity
by the discharge of the chief ceremonials of religion; and yet the state
ejected Tarquinius for his wrong-doing, and for the violence of one man
the ancient power which established Rome was overthrown. And what is
there at Rome so sacred, so venerated as the virgins who guard the
ever-burning fire? but if any of them offends, she is buried alive; for
when they sin against the gods, they no longer retain that inviolable
sanctity which they have by being devoted to the gods. In like manner,
neither has a tribune when he is wronging the people any right to retain
the inviolable character which he receives from the people, for he is
destroying the very power which is the origin of his own power. And
indeed, if he has legally received the tribunitian power by the votes of
a majority of the tribes, how is it that he cannot even still more
legally be deposed by the vote of all the tribes? Now, nothing is so
sacred and inviolable as things dedicated to the gods; but yet no one
has ever hindered the people from using such things, moving them, and
changing their places as they please. It is therefore legal for the
people to transfer the tribunate, as a consecrated thing, from one man
to another. And that the tribunate is not an inviolable thing, nor an
office of which a man cannot be divested, is clear from this that many
magistrates have abdicated their office and prayed to be excused from it
of their own free will.
XVI. Such were the heads of the justification of Tiberius. His friends,
seeing the threats of his enemies and their combination, thought that he
ought to be a candidate for the tribunate for the next year; and
Tiberius attempted to strengthen his popularity by promising to carry
new measures,[72] such as a diminution of the period of military
service, an appeal to the people from the judices, an intermixture of an
equal number of the Equites with the Senators, from whom alone the
judices were then taken; and in every way he attempted to abridge the
power of the Senate, influenced rather by passion and ambition, than
justice and the interests of the state. While the voting was going on,
the friends of Tiberius, seeing that their enemies were gaining the
advantage, for all the people were not present,[73] at first attempted
to prolong the time by abusing the other tribunes, and next they
dissolved the meeting and appointed it for the following day. Tiberius,
going down to the Forum, supplicated the citizens in humble manner and
with tears in his eyes; he then said that he feared his enemies would
break into his house by night and kill him, and thus he induced a great
number of the citizens to take their station about his house and watch
there all night.
XVII. At daybreak the man came to bring the birds which the Romans use
in their auspices, and he threw them food. But the birds would not come
out of the basket[74] with the exception of one, though the man shook it
hard; and even this one would not touch the food, but after raising its
left wing and stretching out a leg it ran back to the basket. This
reminded Tiberius of another omen that had happened. He had a helmet
which he wore in battle, elaborately worked and splendid. Some snakes
had got into the helmet unobserved, and laid their eggs and hatched them
there. This made Tiberius still more uneasy about the signs from the
fowls. Nevertheless he advanced up the city on hearing that the people
was assembled about the Capitol; but before he got out of the house he
stumbled over the threshold, and the blow was so violent that the nail
of his great toe was broken, and the blood ran out through his shoe. He
had not got far before some crows were seen fighting on the roof of a
house on the left hand, and though a great crowd was passing by, as was
natural on such an occasion, a stone which was pushed off by one of the
crows fell by the feet of Tiberius. This made even the boldest of his
adherents hesitate; but Blossius of Cumæ, who was present, said it would
be a shame and a great disgrace if Tiberius, a son of Gracchus and a
grandson of Scipio Africanus, and a defender of the Roman people should
not obey the summons of the people for fear of a crow, and that his
enemies would not treat this cowardly act as a matter of ridicule, but
would make it the ground of calumniating him to the people as playing
the tyrant and treating them with contempt. At the same time many
persons ran up to Tiberius with a message from his friends in the
Capitol, to hasten there, as all was going on favourably. And indeed
everything promised well at first, for as soon as he appeared he was
greeted with friendly cheers, and as he ascended the Capitol he was
joyfully received, and the people crowded about him to prevent any
stranger from approaching.
XVIII. Now, Mucius began to summon the tribes again, but nothing could
be conducted with the usual forms on account of the confusion that
prevailed among those who were on the outskirts of the assembly, where
they were struggling with their opponents, who were attempting to force
their way in and mingle with the rest. At this juncture Flavius
Flaccus,[75] a senator, posted himself in a conspicuous place, and as it
was not possible to make his voice heard so far, he made a signal with
his hand that he wished to say something in private to Tiberius.
Tiberius bade the crowd let Flaccus pass, who, with great difficulty
making his way up to Tiberius, told him that the Senate was sitting,
that as they could not prevail on the consul, the rich were resolving to
kill Tiberius themselves, and that they had armed many of their slaves
and friends for this purpose.