SEC. 6.--AGRARIAN MOVEMENTS BETWEEN 486 AND 367.

Modern historians who have written upon the Roman Republic have, so far as I know, pa.s.sed immediately from the consideration of the _Lex Ca.s.sia_ to the law of Licinius Stolo. Meanwhile more than a century had pa.s.sed away.

Ca.s.sius died in 485, Licinius Stolo proposed his law in 376. During this century which had beheld the organization of the republic and the growth, by tardy processes, of the great plebeian body many agrarian laws were proposed and numerous divisions of the public land took place. Both Dionysius and Livy mention them. The poor success of the proposition of Ca.s.sius and the evil consequences to himself in no way checked the zeal of the tribunes. Propositions of agrarian laws followed one another with wonderful rapidity. Livy enumerates these propositions, but almost wholly without detail and without comments upon their tendencies or points of difference from one another or from the law of Ca.s.sius. As this law failed of its object by being disregarded, we may safely conclude that the most of these propositions were but a reproduction of the law of Ca.s.sius.

In 484, and again in 483, the tribune proposed agrarian laws but what their nature was, Livy, who records them, does not tell us. From some vague a.s.sertions which he makes we may conclude that the point of the law was well known, and was but a repet.i.tion of that of Ca.s.sius.[1] The consul Caeso Fabius, in 484, and his brother Marcus in the following year, secured the opposition of the senate and succeeded in defeating their laws.

Livy (II, 42,) mentions very briefly a new proposition brought forward by Spurius Licinius in 482. Here we are able to complete his account by reference to Dionysius,[2] who says that, in 483, a tribune named Caius Maenius had proposed an agrarian law and declared that he would oppose every levy of troops until the senate should execute the law ordaining the creation of decemvirs to determine the boundaries of the domain land and, in fine, forbid the enrolment of citizens. The senate was able through the consuls, Marcus Fabius and Valerius, the ancient colleague of Ca.s.sius, to invent a means of avoiding this difficulty. The authority of the tribunes by the old Roman law,[3] did not reach without the walls of the city, while that of the consuls was everywhere equal and only bounded by the limits of the Roman world. They moved their curule chairs and other insignia of their authority without the city walls and proceeded with the enrolments. All who refused to enroll were treated as enemies[4] of the republic. Those who were proprietors had their property confiscated, their trees cut down, and their houses burned. Those who were merely farmers saw themselves bereft of their farm-implements, their oxen and all things necessary for the cultivation of the soil. The resistance of the tribunes was powerless against this systematic oppression on the part of the patricians; the agrarian[5] law failed and the enrolment progressed.

There is some difficulty in determining the facts of the law proposed by Spurius Licinius[6] of which Livy speaks. Dionysius calls this tribune, not Licinius but [Greek: Spurios Sikilios]. The Latin translation of Dionysius has the name Icilius and this has been the name adopted by Sigonius and other historians. Livy tells us that the Icilian family was at all times hostile to the patricians and mentions many tribunes by this name who were staunch defenders of the commons. In accepting this correction, therefore, it is not necessary to confound this Icilius with the one who proposed the part.i.tion of the Aventine among the plebeians. Icilius, according to both Livy and Dionysius,[7] made the same demand as the previous tribunes, _i.e.,_ that the decemvirs should be nominated for the survey and distribution of the domain lands, according to previous enactment. He further declared that he would oppose every decree of the senate either for war or the administration of the interior until the adoption and execution of his measures. Again the senate avoided the difficulty and escaped, by a trick, the execution of the law. Appius Claudius, according to Dionysius,[8] advised the senate to search within the tribunate for a remedy against itself, and to bribe a number of the colleagues of Icilius to oppose his measure. This political perfidy was adopted by the senate with the desired effect. Icilius persisted in his proposition and declared he would rather see the Etruscans masters of Rome than to suffer for a longer time the usurpation of the domain lands on the part of the possessors.[9]

This somewhat circ.u.mstantial account has revealed to us that at this time it took a majority of the tribunes to veto an act of their colleague. At the time of the Gracchi the veto of a single tribune was sufficient to hinder the pa.s.sage of a law, and Tiberius was for a long time thus checked by his colleague, Octavius. Then the tribunician college consisted of ten members, and it would be no very difficult thing to detach one of the number either by corruption or jealousy. But it is evident that, at the time we are considering, it took a majority of the tribunes to veto an act of a colleague; moreover, the college consisted of five members. This latter fact is seen in the statement of Livy,[10] when he mentions the opposition which four of the tribunes offered to their colleague, Pontificius, in 480. In this same case he attributes to Appius Claudius the conduct which Dionysius attributed to him in the previous year. But he causes Appius to state, in his speech favoring the corruption of certain tribunes, "that the veto of one tribune would be sufficient to defeat all the others."[11] This is contrary to the statement of Dionysius[12]

and would seem improbable, for, if the opposition of one tribune was sufficient, the patricians would not have deemed it necessary to purchase four. That would be contrary to political methods.

Of the two propositions of the tribunes, Icilius, in 482, and Pontificius, in 480, the results were the same. The opposition of their colleagues defeated them. But this persistent opposition rather than crushing seemed to stir up renewed attacks. We have seen the tribunes, Menius, Icilius, and Pontificius, successively fail. The next movement was led by a member of the aristocracy, Fabius Caeso,[13] consul for the third time in 477. He undertook to remove from the hands of the tribunes the terrible arm of agrarian agitation which they wielded constantly against the patricians, by causing the patricians themselves to distribute the domain lands equally among the plebeians, saying: "that those[14] persons ought to have the lands by whose blood and sweat they had been gained." His proposition was rejected with scorn by the patricians, and this attempt at reconciliation failed as all the attempts of the tribunes had. The war with Vaii which, according to Livy, now took place hindered for a while any agrarian movements; but, in 474, the tribunes Gaius Considius and t.i.tus Genucius made a fruitless attempt at distribution, and, in 472, Dionysius speaks of a bill brought forward by Cn. Genucius which is probably the same bill.

In 468, the two consuls, Valerius and Aemilius, faithfully supported the tribunes in their demand[15] for an agrarian law. The latter seems to have supported the tribunes because he was angry that the senate had refused to his father the honor of a triumph; Valerius, because he wished to conciliate the people for having taken part in the condemnation of Ca.s.sius.

Dionysius, according to his custom, takes advantage of the occasion to write several long speeches here, and one of them is valuable to us. He causes the father of Aemilius to set forth in a formal speech the true character of the agrarian laws and the right of the state to again a.s.sume the lands which had been taken possession of. He further says: "that it is a wise policy[16] to proceed to the division of the lands in order to diminish the constantly increasing number of the poor, to insure a far greater number of citizens for the defense of the country, to encourage marriages, and, in consequence, to increase the number of children and defenders of the republic." We see in this speech the real purpose, the germ, of all the ideas which Licinius Stolo, the Gracchi, and even Caesar, strove to carry out. But the Roman aristocracy was too blind to comprehend these words of wisdom. All these propositions were either defeated or eluded.

_Lex Icilia._ In the year 454,[17] Lucius Icilius, one of the tribunes for that year, brought forward a bill that the Aventine hill should be conveyed to the plebeians as their personal and especial property.[18] This hill had been the earliest home of the plebeians, yet they had been surrounded by the lots and fields of the patricians. That part of the hill which was still in their possession was now demanded for the plebeians. It was a small thing for the higher order to yield this much, as the Aventine stood beyond the Pomoerium,[19] the hallowed boundary of the city, and, at best, could not have had an area of more than one-fourth of a square mile, and this chiefly woodland. The consuls, accordingly, made no hesitation about presenting the bill to the senate before whom Icilius was admitted to speak in its behalf. The bill was accepted by the senate and afterwards confirmed by the Centuries.[20] The law provided,--"that all the ground which has been justly acquired by any persons shall continue in the possession of the owners, but that such part of it as may have been usurped by force or fraud by any persons and built upon, shall be given to the people; those persons being repaid the expenses of such buildings by the estimation of umpires to be appointed for that purpose, and that all the rest of the ground belonging to the public, be divided among the people, they paying no consideration for the same."[21] When this was done the plebeians took possession of the hill with solemn ceremonies. This hill did not furnish homes for all the plebeians, as some have held; nor, indeed, did they wish to leave their present settlements in town or country to remove to the Aventine. Plebeians were already established in almost all parts of the city and held, as va.s.sals of the patricians, considerable portions of Roman territory. This little hill could never have furnished[22] homes of any sort to the whole plebeian population. What it did do was to furnish to the plebeians a trysting place in time of strife with their patrician neighbors, where they could meet, apart and secure from interruption, to devise means for resisting the encroachments of the patricians and to further establish their rights as Roman citizens. Thus a step toward their complete emanc.i.p.ation was taken. For a moment the people were soothed and satisfied by their success, but soon they began to clamor for more complete, more radical, more general laws. An attempt seems to have been made in 453 to extend the application of the _lex Icilia_ to the _ager publicus,_[23] in general, but nothing came of it. In 440, the tribune, Petilius, proposed an agrarian law. What its conditions were Livy has not informed us, but has contented himself with saying that "Petilius made a useless attempt to bring before the senate a law for the division of the domain lands."[24] The consuls strenuously opposed him and his effort came to naught.

In our review of the agrarian agitation we must mention the forceless and insignificant attempt made by the son of Spurius Melius, in 434. Again, in 422, we find that other attempts were made which availed nothing. Yet the tribunes who attempted thus to gain the good will of the people set forth clearly the object which they had in view in bringing forward an agrarian bill. Says Livy; "They held out the hope to the people of a division of the public land, the establishment of colonies, the levying of a _vectigal_ upon the possessors, which _vectigal_ was to be used[25] in paying the soldiers."

In the year 419, and again in 418, unavailing attempts were made for the division of lands among the plebeians. Spurius Maecilius and Spurius Metilius, the tribunes[26]for the year 412, proposed to give to the people, in equal lots, the conquered lands. The patricians ridiculed this law, stating that Rome itself was founded upon conquered soil and did not possess a single acre of land that had not been taken by force of arms, and that the people held nothing save that which had been a.s.signed by the republic. The object, then, of the tribunes was to distribute the fortunes of the entire state. Such vapid foolishness as this failed not of the effect which the patricians aimed at. Appius Claudius counselled the adoption of the excellent means invented by his grandfather. Six tribunes were bought over by the caresses, flatteries, and money of the patricians and opposed their vetoes to their colleagues who were thus compelled to retire.[27]

In the following year, 411, Lucius s.e.xtius, in no way discouraged by the ill success of his predecessors, proposed the establishment of a colony at Bolae, a town in the country of the Volscians, which had been recently conquered. The patricians[28] opposed this by the same method which they had adopted in the preceding case, the veto by tribunes. Livy criticises the impolitic opposition of the patricians in these words: "This was a most seasonable time, after the punishment of the mutiny, that the division of the territory of Bolae should be presented as a soother to their minds; by which proceeding they would have diminished their eagerness for an agrarian law, which tended to expel the patricians from the public land unjustly possessed by them. Then this very indignity exasperated their minds, that the n.o.bility persisted not only in retaining the public lands, which they got possession of by force, but would not even grant to the commons the unoccupied land lately taken from the enemy, and which would, like the rest,[29] soon become the prey of the few."

In 409, Icilius, without doubt a member of that plebeian family which had furnished so many stout defenders of the liberties of the people, was elected tribune of the people and brought forward an agrarian bill, but a plague broke out and hindered any further action. In 407, the tribune, Menius, introduced an agrarian bill and declared that he would oppose the levies until the persons who unjustly held the public domains consented to a division. A war broke out and agrarian legislation was drowned amid the din of arms. Some years now elapsed without the mention of any agrarian laws. The siege of Veii commenced in 406 and lasted for six years, during which time military law was established, giving occupation and some sort of satisfaction to the plebeians. In 397, an agrarian movement was set on foot, but the plebeians were partially satisfied by being allowed to elect one of their number as _tribunus consularis_ for the following year, thus obtaining a little honor but no land. After the conquest of Veii, there was a movement on the part of the plebeians to remove from Rome and settle upon the confiscated territory of the Veians; this was only staid by concessions on the part of the patricians. A decree of the senate was pa.s.sed,--"that seven jugera, a man, of Vientian territory, should be distributed to the commons and not only to the fathers of families, but also that all persons in their house in the state of freedom should be considered, and that they might be willing to rear up children[30] with that prospect." In 384, six years after the conquest of Rome by the Gauls, the tribunes of the year proposed a law for the division of the Pomptine territory (_Pomptinus Ager_) among the plebeians. The time was not a favorable one for the agitation of the people, as they were busy with the reconstruction of their houses laid waste by the Gauls, and the movement came to nothing. The tribune, Lucius Licinius, in 383, revived this movement but it was not successfully carried till the year 379, when the senate, well disposed towards the commons by reason of the conquest of the Volscians, decreed the nomination of five commissioners to divide the Pomptine territory[31] among the plebs. This was a new victory for the people and must have inspired them with the hope of one day obtaining in full their rights in the public domains.

We have now pa.s.sed in review the agrarian laws proposed and, in some cases, enacted between the years 485 and 376, _i.e._ between the _lex Ca.s.sia_ and the _lex Licinia_, which the greater part of the historians have neglected.

We have now come to the propositions of that ill.u.s.trious plebeian whose laws, whose character, and whose object have been so diversely appreciated by all those persons who have studied in any way the const.i.tutional history of Rome. We wish to enter into a detailed examination of the _lex Licinia_, but before so doing have deemed it expedient to thus pa.s.s in review the agrarian agitations. The result of this work has, we trust, been a better understanding of the real tendency, the true purpose, of the law which is now to absorb our attention. It was no innovation, as some writers of the day a.s.sert, but in reality confined itself to the well beaten track of its predecessors, striving only to make their attainments more general, more substantial and more complete.

[Footnote 1: "Solicitati, eo anno, sunt dulcedine agrariae legis animi plebis,. . . vana lex vanique legis auctores." Livy, II, 42.]

[Footnote 2: Dionysius, VIII, 606, 607.]

[Footnote 3: Livy, _loc. cit._: Dionysius, _loc. cit._]

[Footnote 4: Dionys., VIII, 554.]

[Footnote 5: Dionys., VIII, 555.]

[Footnote 6: Val. Max., Fg. of Bk. X: "Spurii, patre incerto geniti."]

[Footnote 7: Livy, _loc. cit._; Dionys., _loc. cit.]

[Footnote 8: Dionys., IX, 558; Livy, II, 43.]

[Footnote 9: Dionys., IX, 559-560: "[Greek: tous kategontos taen choran taen demosian." . . . "Kai Sikilios oudenos eti kurios aen.]".]

[Footnote 10: Livy, _loc. cit._]

[Footnote 11: Livy, II, 44: "Et unum vel adversus omnes satis esse ...

quatuorque tribunorum adversus unum."]

[Footnote 12: Dionys., IX, 562.]

[Footnote 13: Livy, _loc. cit._; Dionys., _loc. cit._]

[Footnote 14: Livy, II, 48: "Captivum agrum plebi, quam maxime aequaliter darent. Verum esse habere eos quorum sanguine ac sudore partus sit.

Aspernati Patres sunt."]

[Footnote 15: Livy, II, 61, 63, 64.]

[Footnote 16: Dionys., IX, 606, 607; Livy, III, 1. The authorities are somewhat conflicting at this point, and I have followed the account of Dionysius.]

[Footnote 17: Schwegler, _Romische Geschichte, _II, 484; Dionys., X, 31, p.

657, 43.]

[Footnote 18: Dionys., X, 31, l. 13; Ihne, _Hist. of Rome_, I, 191, note; Lange, _Rom. Alter._, I, 619. Also see art. in Smith's _Dict. of Antiquities_.]

[Footnote 19: _I.e._ outside of the _'quadrata'_' but _[Greek: emperiechomenos tae poleis]_, Dionys., X, 31, l. 18: "pontificale pomoerium, qui auspicato olim quidem omnem urbem ambiebat praeter Aventinum." Paul, ex Fest., p. 248, Mull.]

[Footnote 20: Dionys., X, 32.]

[Footnote 21: Dionys., X, 32.]

[Footnote 22: Momm., I, 355.]

[Footnote 23: Dionys., X, 34.]

[Footnote 24: Livy, IV, 12: Neque ut de agris dividendis plebi referrent consules ad senatum pervincere potuit.... Ludibrioque erant minae tribuni.]

[Footnote 25: "Agri publici dividendi, coloniaramque deducendarum ostentatae spes, et vectigali possessoribus imposito, in stipendium militum erogandi aeris." Livy, IV, 36.]

[Footnote 26: Livy, _loc. cit._]

[Footnote 27: Livy, IV, 48.]

[Footnote 28: Livy, IV, 49.]

[Footnote 29: Livy, IV, 51.]

[Footnote 30: Livy, VI, 5.]