Public Lands and Agrarian Laws of the Roman Republic Part 12

[Footnote 29: Long, _loc. cit._; Wordsworth, 446.]

[Footnote 30: Digby, _History of the Law of Real Property in England_, p.

157.]

[Footnote 31: Long, I, 357.]

[Footnote 32: Appian, I, c. 27.]

[Footnote 33: Long, _loc. cit._; Ihne, _loc. cit._]

[Footnote 34: Ihne, _loc. cit._; Long, _loc. cit._]

[Footnote 35: Momm., _loc. cit._]

SEC. 14.--AGRARIAN MOVEMENTS BETWEEN 111 AND 86.

In the year following the enactment of the _lex Thoria_, or, by some other authorities, in 105, an agrarian law was proposed by a tribune named Marcus Philippus. Cicero is the only writer who mentions it, and he has given us no information concerning its tendency and dispositions. We only know from him that it was rejected.[1] Probably the whole thing was merely a political ruse in order to gain an election or to be handsomely bought off by the n.o.bility. It, however, presents one point of interest to us. The introduction of the bill was preceded by a speech, in which the tribune, in justifying his undertaking, affirmed that there were not two thousand citizens who had wealth. Cicero has made no attempt to refute this, and must, therefore, have judged it true. It reveals the fact that Rome was in a deplorable condition.

In chronological order the first agrarian law after the vain attempt of Philippus was that of Lucius Appuleius Saturninus. In the year 100, he brought forward a bill for the distribution of land in Africa[2] to the soldiers of Marius. Each soldier was to receive one hundred jugera of land.

No distinction was to be made between Roman and Latin. This bill received the sanction of the a.s.sembly and became a law, but force was the chief instrumentality in bringing this about. This law, so far as can be ascertained, was never enforced, so that when the same man, three years later, brought forward another agrarian bill, he took the precaution to add a clause binding every senator, under heavy penalty, to confirm the law by the most solemn oath.[3] The first law was enacted in order to provide the soldiers of Marius with suitable farms when they returned from the campaign in Numidia. The author doubtless acted with the aid and hearty cooperation of Marius. When Saturninus brought forward his second bill, Marius[4] had returned from the north as the hero of Aquae s.e.xtiae and was present to help. The n.o.bility as one man opposed the scheme; the town-people were the clients of the rich. If Marius[5] and Saturninus were to succeed, it must be by the aid of the country burgess and the soldier. With the legions that fought at Vercellae drawn up in the town, amid riot and bloodshed, the a.s.sembly pa.s.sed the bill. The senate, together with Marius himself, for a time demurred from taking the oath. Finally,[6] at the instigation of "the man from the ranks," who had come to the conclusion that it was best to subscribe, all save one, Metellus, took the oath. The law enacted that a.s.signments of land in the country of the Gauls, in Sicily, Achaia, and Macedonia, should be made; that colonies should be established, and that Marius should be the head of the commission entrusted with the establishment of all these settlements.[7] These colonies were to consist of Roman citizens; and, in order that Latini,[8] their companions in arms, might partic.i.p.ate in the grants, Marius was invested with power to bestow the franchise upon a certain number of these. But no one of these colonies was ever founded. The only colony of the year 100 was Eporedia[9] (Ivrea), in the northwestern Alps, and it is not likely that this was established in accordance with the provisions of the enactment. The law was to take effect in 99, and a change of party took place before that time which sent Marius into practical banishment and rewarded his partisan, Saturninus, with death. The optimates who were now in office paid no attention to the law, and the senators forgot their oath. Another injury is added to the many which the Latini had suffered.

In the year 99, _i.e._, in the year following the death of Saturninus, an agrarian law was proposed by the tribune t.i.tius, but we know nothing of its conditions. Cicero is the only writer who mentions it and even his text is doubtful.[10] According to one of his statements t.i.tius was banished because he had preserved a portrait of Saturninus, and the knights deemed him for this reason a seditious citizen. Valerius Maximus, who without doubt borrowed his facts from Cicero, states that "t.i.tius had rendered himself dear to the people by having[11] brought forward an agrarian law."

Cicero mentions in another place, the _lex t.i.tia_[12] upon the same page as the _lex Saturnina_ and implies that it had been enacted. If so it was disregarded and thus rendered void.

In 91 an agrarian law was proposed by Livius Drusus, the son of the adversary of Gaius Gracchus, and, with his new judiciary, the measure was carried and became a law.[13] The Italians were embraced in this law and were to have equal rights with Roman citizens, but Drusus died before he had time to carry his law into execution, and his law died with him.

[Footnote 1: Cic., _De Off._, II, 21.]

[Footnote 2: Lucius Appuleius Saturninus, tribunus plebis seditiosus ut gratiam Marianorum militum pararet, legem tulit ut veteranis centena agri jugera in Africa dividerentur.... Siciliam, Achaiam, Macedoniam novis colonis destinavit; et aurum, dolo an scelere, Caepionis partum, ad emtionem agrorum convert.i.t. Aurel. Victor. De Vir. Illus., 73.]

[Footnote 3: App., I, 29; Plutarch, _Marius_, 29.]

[Footnote 4: Plutarch, _Marius_, _loc. cit._]

[Footnote 5: App., _Bell. Civ._, I, 30-33.]

[Footnote 6: App., _loc. cit._]

[Footnote 7: Aurelius Victor, 73.]

[Footnote 8: Cicero, _De Orat._, II, c. 7, I; _pro Balbo_, XIV; _pro Rabirio_, XI.]

[Footnote 9: Long, I.]

[Footnote 10: Cicero, _Pro Rabirio_, 9.]

[Footnote 11: Val. Max., VIII, 1, --2: "s.e.xt. t.i.tius... agraria lege lata gratiosus apud populum."]

[Footnote 12: _De Legibus_, II, 6. _De Orat._, II, 11.]

[Footnote 13: Ihne, V, 176-186; App., I, 35; Val. Max., IX, 5, 2: Cicero, _De Orat._, III, 1; Livy, _Epit._, 71.]

SEC. 15.--EFFECT OF THE SULLAN REVOLUTION.

As soon as Sulla found himself established, he caused a bill to pa.s.s the Comitia Centuriata by means of which he was empowered to inflict punishment upon certain Italian communities. For the accomplishment of this purpose commissioners were appointed to cooperate with the garrisons established throughout all Italy. The less guilty were required to pay fines, pull down their walls, and raze their citadels.[1] Those that had been guilty of continued opposition, as Samnium, Lucania, and Etruria, had their territory in whole or in part confiscated, their munic.i.p.al rights cancelled, immunities taken from them, which had been granted by old treaties, and the Roman franchise,[2] which they had been granted by the Cinnan government, annulled. Such persons received, instead, the lowest Latin rights which did not even imply members.h.i.+p in any community and rendered them dest.i.tute of civic const.i.tution and the right of making a testament.[3] This latter treatment applied only to those whose land was confiscated. Thus Sulla vindicated the majesty of the Republic and at the time avoided furnis.h.i.+ng his enemies with a nucleus in Italian communities. In Campania, the democratic colony established at Capua by Cinna[4] was done away with and the domain given back to the state, thus becoming _ager publicus_. The whole territory of Praeneste and Norba in Latium, and Spoletium in Umbria was confiscated. The town of Sulmo in Pelignium was razed. But more direful than all this was the punishment which fell upon Etruria[5] and Samnium.

These people had marched upon Rome and, with the avowed determination of exterminating the Roman people, had engaged in battle at the Colline gate.

They were utterly destroyed and their country left desolate. The territory of Samnium was not even opened up for settlement, but left as a lair for wild beasts. Henceforth from the Rubicon to the Straits of Sicily there were to be none but Romans; the laws and the language of the whole peninsula were to be the laws[6] and the language of Rome.

To accomplish such an object as this, it was not enough to destroy and make desolate, it became necessary to repopulate the waste places and rebuild that which had been torn down. Roman citizens had to be sent as colonists into the desolate regions. Sulla, accordingly, undertook to carry out his plans of colonization, the grandest and most comprehensive which Rome had ever seen, and which indeed have had no parallel in history till the settlement of the north of Ireland by Cromwell and William III. The arrangements as to the property of the Italian soil placed at the disposal of Sulla[7] all the Roman domain lands which had been placed in usufruct to the allied communities, and which now reverted to the Roman government.

It also placed at his disposal all the confiscated territories of the communities incurring punishment. Upon these territories he established military colonies, and thus obtained a three-fold result.[8] He remunerated his soldiers for the faithful service rendered him in long years of toil and danger. He repeopled the regions desolated by war (except Samnium). He provided a military protection for himself and the new const.i.tution which he established.

Most of his new settlements were directed to Etruria, Faesulae and Arretium being among the number; others, to Latium[9] and Campania, where Praeneste and Pompeii became Sullan colonies. A great part of these colonies were, after the Gracchan manner, merely grafted upon town-communities already existing. The comprehensiveness of these settlements may be seen in this fact that 20,000 allotments were[10] made in different parts of Italy.

Notwithstanding this vast disposal of territory, Sulla gave lands to the temple of Diana at Mt. Tifata, while the territory of Volaterrae and Arretium remained undisturbed. He also revived the old plan of occupation which had been legally forbidden in the year 118. Many of Sulla's intimate friends availed themselves of this method of becoming masters of large estates.

[Footnote 1: App., _Bell Civ._, I, 94-100; Livy, _Epit._, 89. Plutarch, _Life of Sulla._]

[Footnote 2: Ihne, V, 391.]

[Footnote 3: Momm., III, 428, note. See article on Sulla, in Brittannica.]

[Footnote 4: Momm., III, 401.]

[Footnote 5: Momm., III, 429; Ihne, V, 392; Long.]

[Footnote 6: Momm., III, 429.]

[Footnote 7: Momm., _loc. cit._; Ihne, V, 391-395.]

[Footnote 8: Momm., III, 429.]

[Footnote 9: Momm., III, 430; Marquardt u. Momm., _Rom. Alter._, IV, 111, totam Italiam suis praesidiis obsidere atque ocupare; Cicero, _De Leg.

Agr._, 2, 28, 75.]

[Footnote 10: App., I, 100; Cicero, _De Legibus Agrariis_, II, 28, 78; Ihne, V, 394; Marquardt u. Momm., IV, 111; Zumpt, _Comm. Epigr._, 242-246; Cicero, _Ad Att._, I, 19, 4: "Volaterranos et Arretinos, quorum agrum Sulla publicarat."]

SEC. 16.--AGRARIAN MOVEMENTS BETWEEN 86 AND 59.