[59] The word in Plutarch is water jars, _hydriai_ ([Greek: hydriai]),

the Roman sitellæ, urnæ or orcæ. The sitellæ were a kind of jar with a

narrow neck: they were filled with water so that the wooden lots

(sortes) would float at the top, and only one could be there at a time.

These lots were used for the purpose of determining in what order the

tribes or centuries should vote, for the names of the several tribes or

centuries were on the several lots. The vessel into which the voters put

their votes (tabellæ), when the order of voting had been fixed for the

tribes and centuries, was called cista; and it was a basket of

wicker-work or something of the kind, of a cylindrical shape. If

Plutarch has used the proper word here, the preliminary proceedings were

disturbed by the rich seizing or throwing down the vessels, out of which

were to be drawn the lots for determining in what order the tribes

should vote. The business had not yet got so far as the voting, which

consisted in the voters depositing in a cista one of the tablets

(tabellæ), which were distributed among them for this purpose, and which

were marked with an appropriate letter to express acceptance of a

measure or rejection of it. There is a Roman denarius which represents a

man going to put a tabella into a cista: the tabella is marked A, which

means Absolvo, I acquit. The letter C (Condemno, I condemn) was marked

on the tabella of condemnation. (Eckhel, _Doctr. Num. Vet._ V. 166.) The

coin was struck to commemorate the carrying of a law by L. Cassius

Longinus B.C. 137, by which the voting in criminal trials (judicia

populi) except for perduellio (treason) should be by ballot and not as

before by word of mouth.

These remarks are taken from an essay by Wunder (_Variæ Lectiones &c. ex

Codice Erfurtensi_), in which he has established the meaning of sitella

and cista respectively to be that which Manutius long ago maintained. He

observes that in the Roman comitia one sitella would be sufficient, as

it was only used for receiving the names of the tribes or centuries,

which were put in for the purpose of determining by drawing them out, in

what order the tribes or centuries should vote. And accordingly he says

that when comitia are spoken of, we never find urns or sitellæ spoken of

in the plural number. But he has not mentioned the passage of Plutarch.

It may be difficult to determine if Plutarch considered that the

preliminary lot-drawing had been gone through, and the people were

voting. If he considered the voting to be going on, he has used the

wrong word. With this explanation, I leave the word "voting-urns" in the

text, which is not the correct Roman word but may be what Plutarch

meant. It seems as if he thought that the voting had commenced.

[60] Plutarch writes it Mallius, for the Greeks never place _n_ before

_l_.

[61] From this it appears that the vote of each tribe counted as one,

and the vote of the tribe was determined by the majority of voters in

each tribe. It seems to follow that each tribe had a cista to receive

its votes. It is said, the practice was to count the votes when all was

over; but they must have been counted as each tribe voted, according to

this story. The narrative of Appian is the same (_Civil Wars_, i. 12).

[62] The names of various Roman officers and functionaries were derived

from their number, as duumviri (two men), triumviri (three men),

decemviri, and so on. Some description was added to the name to denote

their functions. There were triumviri agro dando or dividendo, triumviri

for the division of public land; duumviri juri dicundo, for

administering justice, and so forth.

[63] Appian (_Civil Wars_, i. 13) calls him Quintus Mummius.

[64] Plutarch and other Greek writers translate the Roman word, cliens,

by Pélates ([Greek: pelatês]). (See Marius, c. 5, notes.)

[65] Plutarch generally uses Attic coins. Nine oboli were a drachma and

a half, or about six sestertii. (See c. 2, note.)

[66] See c. 21.

[67] This Attalus III., the last king of Pergamum, left his kingdom to

the Romans on his death B.C. 133, the year of the tribunate of Gracchus.

His kingdom comprised the best part of that tract out of which the

Romans formed the province of Asia. Pergamum was the name of the

capital. This rich bequest was disputed by Aristonikus. (See c. 20.)

[68] Perhaps Q. Pompeius Rufus who was consul B.C. 141, and disgraced

himself by a treaty with the Numantines and his subsequent behaviour

about it. (Cicero, _De Officiis_, iii. 30; _De Finibus_, ii. 17; Appian,

_Iberica_, c. 79.)

[69] Quintus Cæcilius Metellus Macedonicus, who was consul B.C. 143.

Kaltwasser says, that Plutarch without doubt means Balearicus, the son

of Metellus Macedonicus, which son was consul B.C. 123. Without doubt he

means the father, who is mentioned by Cicero as an opponent of Tiberius

Gracchus, and he states that an oration of his against Gracchus was

preserved in the Annals of Fannius. (_Brutus_, 21.)

[70] Titus Annius Luscus was consul with Q. Fulvius Nobilior B.C. 153.

(Cicero, _Brutus_, c. 20; Livius, _Epitome_, 58.)

[71] It is clear that Plutarch believed this to be a genuine speech of

Tiberius. It is not an argument that he could have made, nor is it

likely that it is a fabrication of any professed speech-writer. It is

true that there were many speeches extant among the Romans, which,

though mere rhetorical essays, were attributed to persons of note and

passed off as genuine speeches. But this is either not one of them, or

it has been managed with consummate art. The defence of Tiberius is a

blot on his character. He could not avoid knowing that his arguments

were unsound. To abdicate, which means to resign a Roman magistracy, was

a different thing from being deprived of it. The Tribunes were elected

at the Comitia Tributa, but they derived their powers by uninterrupted

succession from the consecrated act (Lex Sacrata) done on the Holy Mount

and confirmed after the overthrow of the Decemviral power. (Livius, 2,

c. 33; 3, c. 55.) On this subject, see Bubino, _Untersuchungen über Röm.

Verfassung_, p. 32.

[72] See Caius Gracchus, c. 5. Appian does not mention these measures of

Tiberius.

[73] The elections of Tribunes in the time of Cicero were on the 17th of

July (_Ad Attic._ i. 1). According to Dionysius the first Tribunes

entered on their office on the 10th of December. Kaltwasser suggests

that as it was now the summer season, the country people were busy in

their fields and could not come to the election, which thus would be in

the hands of the townspeople. If Tiberius was killed in July and entered

on his office in the previous December, this will agree with what Cicero

says of him, "he reigned a few months." (_Lælius_, c. 12.)

[74] A cage, the Roman cavea. This was one of the modes of ascertaining

the will of the gods. It was a firm belief among the nations of

antiquity that the gods did by certain signs and tokens give men the

opportunity of knowing their will. The determination of these signs was

reduced to a system, which it was the duty of certain persons, augurs

and others, to learn and to transmit. The careful reader will find many

other notices of this matter in Plutarch and some in these notes. (See

Sulla, c. 6, notes.)

P. Claudius Pulcher, who was consul B.C. 249, and in the command of the

Roman fleet off Sicily, despised the omens. The fowls would not eat,

which portended that his projected attack on the Carthaginians would be

unfavourable; but Claudius said that if they would not eat, they should

drink, and he pitched the sacred fowls into the sea. He lost most of his

ships in the engagement that followed. (Cicero, _De Natura Deorum_, ii.

3.) The "birds" of Plutarch are "fowls," "pulli."

[75] His name was Fulvius Flaccus; the name of Flaccus belongs to the

Fulvii. As he was a friend of Tiberius, it is probable that a Marcus

Fulvius Flaccus is meant, who is mentioned in the Life of Caius.

[76] This was P. Mucius Scævola. His colleague L. Calpurnius Piso was

conducting the war in Sicily against the slaves who had risen. The

Senate, according to Appian (_Civil Wars_, i. 16), was assembled in the

Temple of Fides on the Capitol. The circumstances of the death of

Tiberius are told by Appian (_Civil Wars_, i. 15. 16), who states that

there was a fight between the partisans of Tiberius and the other party

before the Senate met.

[77] To make Plutarch consistent, we must suppose that Caius had

returned to Rome. (See c. 13.)

[78] I can find nothing more about him. This strange punishment was the

punishment for parricide.

[79] Cicero (_Lælius_, c. 11) and Valerius Maximus (4, c. 7) make Lælius

ask these questions.

[80] Aristonikus was an illegitimate son of Eumenes II. King of

Pergamum. He disputed the will of Attalus III. and seized the kingdom.

Publius Licinius Crassus Mucianus Dives, who was sent against him B.C.

131, was unsuccessful, and lost his life; but Aristonikus was defeated

by the consul M. Perperna B.C. 130, and taken to Rome, where he was

strangled in prison.

[81] This is P. Licinius Crassus Mucianus Dives, c. 9. 20.

[82] This does not appear in the extant Lives which bear the name of

Nepos; but what we have under his name is a spurious work of little

value except the Life of Atticus.

[83] D. Junius Brutus Gallæcus was consul with P. Cornelius Scipio

Nasica Serapio B.C. 138. He completely subdued the Gallæci (people of

Galicia) and the Lusitani who occupied a part of modern Portugal, and

carried the Roman arms to the western extremity of the Spanish

peninsula.

[84] He was the colleague of Brutus B.C. 138, as just stated, and

Pontifex Maximus in the year of the death of Tiberius. He must have died

soon after going to Asia; for Publius Licinius Crassus Mucianus Dives

was Pontifex Maximus B.C. 131 (c. 9); but the remark in the Epitome of

Livius (lib. 59) that he was the first Pontifex Maximus who went beyond

the limits of Italy is not true. The Pontifex Maximus, who was the chief

of the college of Pontifices, was chosen for life. He could not be

deprived of his office, nor, it seems, could he give it up. Augustus

allowed his old rival Lepidus to keep his dignity of Pontifex Maximus

till his death. (Dion Cassius, 49, c. 15.)

[85] The line is from Homer's _Odyssey_, i. 47.

[86] This is lost, and also Plutarch's Life of Scipio Africanus Major.

[87] The word by which Plutarch has translated Forum is Agora ([Greek:

agora]). A Forum was an open place or area, and is often generally used

for Public Place, such as almost every town has. _The_ Forum at Rome was

the Forum Romanum, which was situated between the Palatine and

Capitoline Hills; it was surrounded by buildings and was the chief place

for the administration of justice and for the public assemblies. To keep

away from the Forum here means to take no share in public affairs.

Sometimes, Forensic (forensis), a term comprehending all that relates to

public business and the proceedings in the courts, is opposed to

Domestic (domesticus), private, as we see in Cicero (_Ad Attic._ i. 5,

&c.).

[88] As thirty-one was the age at which according to a law (Lex Annalis

Villia) a man could become Quæstor, Tiberius, who was Quæstor before he

was tribune, must have been older than Plutarch says that he was; unless

he was elected Quæstor before the legal age.

[89] The island of Sardinia was made a Roman province B.C. 235.

[90] Lucius Aurelius Orestes and M. Æmilius Lepidus were consuls B.C.

126.

[91] This dream is mentioned by Cicero, _De Divinatione_, i. 26. C.

Gracchus told his dream to many persons, before he was elected tribune.

It happened while he was a candidate for the quæstorship.

[92] Micipsa, King of Numidia, was the son of Massinissa, who was the

firm ally of the Romans in their contest with the Carthaginians in the

Second Punic War. At the close of this war, his territory was greatly

enlarged by the addition of the dominions of Syphax and a large part of

the Carthaginian territory. He was succeeded by Micipsa, who died B.C.

118. The Carthaginian territory which subsequently formed a large part

of the Roman province of Africa was a rich corn country, and one of the

granaries of Rome under the latter Republic and the Empire.

[93] Gracchus made his defence before the Censors Cn. Servilius Cæpio

and L. Cassius Longinus B.C. 124. Gracchus belonged to the class of

Equites, and as such he had a Public horse. The censors summoned him to

account for leaving his province, and, if he was not able to justify

himself, he would be deprived of his horse and marked with the Nota

Censoria, in the lists of the Censors, the consequence of which was what

the Romans called Ignominia, or temporary civil incapacity.

If Caius was born B.C. 154 and had now (B.C. 124) served twelve years,

he entered the army B.C. 136, when he was eighteen. It is true as he

here says, that he was only required to serve ten years. This fragment

of his speech is preserved by Aulus Gellius (xv. 12), and it is

expressed with all the vigour of the best Roman style. A comparison of

this fragment with the passages from the speeches of Tiberius Gracchus,

which are given by Plutarch, is sufficient to show that Plutarch's

extracts are genuine. There appears to be an error in Plutarch as to the

"three years." Gellius makes Caius say: "Biennium fui in Provincia;" "I

was two years in the province:" and one MS. is said to have "two years"

([Greek: dietia]), which Coraes has adopted in his edition of Plutarch.

[94] Fregellæ was a subject city in the territory of the Volsci. The

people wished to have the Roman citizenship, and as it was refused they

rebelled. Fregellæ was destroyed by L. Opimius the Prætor B.C. 125.

Caius Gracchus was tried B.C. 124 before the Prætor Opimius on the

charge of conspiring with the people of Fregellæ. (Velleius, 2, c. 6.)

[95] Plutarch simply says the Plain ([Greek: to pedion]): but he means

the Campus Martius, or Field of Mars. Compare Marius c. 34. The Roman

writers often call the Campus Martius simply Campus.

The people did not mount on the house-tops to vote, as Amyot and

Kaltwasser say, if I understand them right. Crowds came to Rome, who had

no votes; they came to see and to affect the elections if they could.

Caius was elected tribune B.C. 123, just ten years after his brother's

tribunate. The consuls were Quintus Cæcilius Metellus Balearicus, a son

of Metellus Macedonicus, an opponent of Tiberius Gracchus, and Titus

Quinctius Flamininus. (See Tiberius Gracchus, c. 14 notes.)

[96] Cicero, in _Brutus_, c. 33, and in other passages, bears testimony

to the powerful eloquence of Caius Gracchus. Up to the time of Cicero,

the orations of Gracchus were the models of oratory which all Romans

studied. Cicero says that his speeches did not receive the finishing

touch; he left behind him many things which were well begun, but not

perfected. The practice of revising speeches for the purpose of

publication was common among the Athenian and Roman orators. In manly

and vigorous oratory we may doubt if Caius Gracchus ever had his equal

among the Romans; and if not among the Romans, where shall we look for

his equal?

[97] I have here allowed a word to stand by something of an oversight,

to which however there is no objection. Plutarch uses the word "law;"

but the Roman word is "Rogatio," which means a Bill, a proposed Law, so

called because the form of passing a law was to ask (rogare) the

assembly if they would have it. The form of voting was to reject

(antiquare) by the formula A., or to confirm (jubere) by the formula

U.R. (Uti Rogas), "as you propose," which were marked on the tabellæ or

voting-tablets. (Cicero, _Ad Attic._ i. 14.)

To Promulgate a law, or more properly a Rogation, signified among the

Romans, to make public (for promulgare is only another form of

Provulgare) a proposed law; to give notice of a proposed measure and its

contents. To promulgate a law in modern times means to make known a law

which is already a law; but the expression is not much used.

[98] P. Popillius Lænas was also consul with P. Rupilius B.C. 132. He

returned to Rome after the death of Caius Gracchus.

[99] The erecting of statues to their great men was probably more common

at Rome after the conquest of Greece, when they became acquainted with

Greek art. Rome at a later period was filled with statues. Though most

of the great Romans were distinguished by their military talents, it was

not only in respect of military fame that statues were erected; nor were

they confined to men as we see in this instance. The daughter of him who

conquered Hannibal, the wife of Tiberius Sempronius Gracchus, a

successful general, a prudent politician and an honest man, the mother

of two sons who died in the cause of the people--the memory of such a

woman was perpetuated in the manner best suited to the age by an

imperishable monument.

[100] A complete view of the legislation of Gracchus is beyond the

limits of a note. Part of the subject has been referred to already.

(Tiberius Gracchus, c. 8, note.)

The Roman allies (Socii) were subjects of the Roman State, subject to

the sovereign power of Rome, a power which was distributed among many

members. They bore heavy burdens, particularly in the form of supplies

of men and money for war; and they claimed as an indemnification the

citizenship (civitas), or admission to the sovereign body, as members of

it. The claim was finally settled by the Marsic or Social war. (See

Marius and Sulla.)

The law about the price of grain belonged to the class of Laws which the

Romans called Frumenteriæ Leges, or Corn Laws; the object of these laws

was not to keep up the price of grain, but to furnish it to the poor at

a low rate. This low rate however was not effected in the only way in

which such an object could profitably be effected, by allowing corn to

come to Rome from all parts free of duty, but by buying grain with the

Public money and selling it to the poor at a lower rate. This law of

Gracchus proposed that corn should be sold to the people (plebs) monthly

at the rate of 5/6 of the as for a modius. This is the first recorded

instance in Roman History of the poor being relieved in this manner. The

city was crowded with poor who had few or no means of subsistence, but

had votes in the annual elections and were members of the sovereign

body. The consequences of such a measure might be easily foreseen: the

treasury became exhausted, and the people were taught to depend for

their subsistence, not on their industry, but on these almost gratuitous

distributions of grain. This allowance, which was made monthly, added to

the sale of their votes at the annual elections and the distributions on

extraordinary occasions, of corn and oil (Dion Cassius, 43, c. 31) helped

a poor Roman to live in idleness. This system of distributions of corn,

sometimes free of cost, being once established was continued all through

the Republic and under the Empire. It was impossible to stop the evil,

when it had been rooted, and in the crowded city of Rome under the

Empire, it was an important duty of the adminstration to prevent famine

and insurrection by provisioning the city. C. Julius Cæsar reduced the

number of those who received this corn relief from 320,000 to 150,000.

The number of receivers must have increased again, for Augustus reduced

the number to 200,000. This subject of the distribution of corn among

the poor is an important element in the history of the later Republic.

Dureau de la Malle (_Économie Politique des Romains_, ii. 307) has

compared it with the English mode of providing for the poor by the Poor

Laws; but though there are some striking points of resemblance between

the two systems, there are many differences, and the matter requires to

be handled with more knowledge and judgment than this writer has shown

in order to exhibit it in its proper light.

Plutarch's account of the changes made by Gracchus in the body of the

Judices is probably incorrect. The law of Gracchus related to trials for

offences, such as bribery at elections (ambitus), and corruption in the

administration of offices (repetundæ), which belong to the class of

trials called at a later time judicia publica or public trials. In the

trials for these offences, those who had to decide on the guilt or

innocence of the accused, were called judices; and the judices were

taken only from the senators. But as the persons accused of offences, of

the kind above mentioned generally belonged to the senatorian order, it

was found very difficult to get a man convicted. Some notorious

instances of acquittals of persons, who had been guilty of corruption,

had occurred just before Gracchus proposed his law. According to Appian,

his law gave the judicial power solely to the equites, who formed a kind

of middle class between the senators and the people. But the equites

were not a safe body to intrust with this power. To this body belonged

the publicani, or publicans as they are called in our translation of the

Gospels (_Matt._, ch. v., v. 47), who farmed the revenues in the

provinces. A governor who winked at the extortion of the farmers of

taxes would easily be acquitted, if he was tried for maladministration

on his return to Rome. The equites at Rome had an interest in acquitting

a man who favoured their order. Cicero remarks (_In Verrem_, Act Prima,

13) that the judices were selected out of the equites for near fifty

years until the functions were restored to the senate. He is alluding to

the change Sulla made B.C. 83; but it appears that there were some

intermediate changes. Cicero adds that during all this time there was

never the slightest suspicion of any eques taking a bribe in the

discharge of his functions as judex. Appian says that they soon became

corrupt; and Cicero, who is in the habit of contradicting himself, says

in effect the same thing (_In Verrem_, lib. iii. 41; _Brutus_, c. 34).

The judices of Gracchus condemned Opimius, whose character Cicero

admired. (See c. 18, notes.) The condemnation was either honest or

dishonest: if honest, Cicero is a dishonest man for complaining of the

sentence (_Pro Plancio_, c. 29): if dishonest then Cicero here

contradicts what he has said elsewhere. (See also _In Pisonem_, c. 39.)

I have used the Roman word judices, which is the word that Plutarch has

translated. These judices were selected out of the qualified body by lot

(at least this was the rule sometimes) for each particular trial. A

judge, generally the prætor, presided, and the guilt or innocence of the

accused was determined by the judices by a majority of votes; the votes

were given by ballot at this time.

This law of Gracchus about the judicia is a difficult subject, owing to

the conflicting evidence.

[101] The character of the Roman roads is here accurately described. The

straight lines in which they ran are nowhere more apparent than in

England, as may be seen by inspecting the Ordnance maps. That from

Lincoln to the Humber is a good example. It is conjectured that some of

the strong substructions at La Riccia (Aricia) on the Appian Road near

Rome may be the work of Caius; but I do not know on what this opinion

rests. (See _Classical Museum_, ii. 164.)

The Roman mile is tolerably well ascertained. It is variously estimated

at 1618 and 1614 yards, which is less than the English mile. The subject

of the stadium, which was the Greek measure of length, is fully examined

by Colonel Leake, _London Geographical Journal_, vol. ix.

[102] Caius Fannius Strabo must not be confounded with the historian of

the same name. He was consul B.C. 122 with C. Domitius Ahenobarbus.

Cicero speaks of an excellent speech of his against the proposal of

Gracchus to give the Latins the full citizenship, and the suffrage to

the Italian allies. (Cic., _Brutus_, c. 26.)

[103] M. Fulvius Flaccus was consul B.C. 125, and during his year of

office he defeated the Transalpine Ligurians. He was an orator of no

great note, but an active agitator. He perished with Caius Gracchus (c.

16): his house was pulled down, and the ground made public property.

[104] Plutarch's Life of the younger Scipio Africanus is lost. Scipio

died B.C. 159, six years before Caius was tribune. He had retired to

rest in the evening with some tablets on which he intended to write a

speech to deliver before the people on the subject of the Agrarian Law

of Tiberius Gracchus and the difficulties of carrying it into effect. He

was found dead in the morning, and it was the general opinion that he

was murdered. His wife Sempronia was suspected, and even Cornelia his

mother-in-law, as well as C. Gracchus. C. Papirius Carbo, one of the

triumviri for dividing the land with Caius and Fulvius Flaccus is

distinctly mentioned by Cicero as one of the murderers. As to him, there

is no doubt that he was believed to be guilty. It is also admitted by

all authorities that there was no inquiry into the death of Scipio; and

Appian adds that he had not even a public funeral.

[105] This was the first Roman colony that was established beyond the

limits of the Italian Peninsula, which Velleius reckons among the most

impolitic measures of Gracchus. The colony of Gracchus appears to have

been neglected, and the town was not built. At the destruction of

Carthage heavy imprecations were laid on any man who should restore the

city. The colony was established by Cæsar the Dictator.

The foundation of a Roman colony was accompanied with solemn

ceremonials, to which Plutarch alludes. The anniversary day of the

foundation was religiously observed. On some Roman coins there is a

representation of a man driving a yoke of oxen and a vexillum

(standard), which are the symbols of a Roman colony.

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