Public Lands and Agrarian Laws of the Roman Republic

by Andrew Stephenson

[SEC. 11.]—LEX SEMPRONIA TIBERIANA.

In 133, more than two centuries after the enactment of the law of Licinius Stolo, Tiberius Gracchus, tribune of the people for that year, brought forward a bill which was in fact little less than a renewal of the old law. It provided that no one should occupy more than five hundred jugera of the ager publicus, with the proviso that any father could reserve[1] 250 jugera for each son.[2] This law differed from that of Licinius in that it guaranteed permanent possession of this amount to the occupier and his heirs forever.[3] Other clauses were subjoined providing for the payment[4] of some equivalent to the rich for the improvements and the buildings upon the surrendered estates, and ordering the division of the domain thus surrendered among the poorer citizens in lots of 30 jugera each, on the condition that their portions should be inalienable.[5]They bound themselves to use the land for agricultural purposes and to pay a moderate rent to the state. It appears that the Italians were not excluded from the benefit of this law.[6]

The design of this bill was to recruit the ranks of the Romans by drafts of freeholders from among the Latins. Such as had been reduced to poverty were to be restored to independence. Such as had been sunk beneath oppression were to be lifted up to liberty.[7] No more generous scheme had ever been brought before the Romans. None ever met with more determined opposition, and for this there was much reason. There might have been some like the tribune's friends ready to part with the lands bequeathed to them by their fathers; but where one was willing to confess, a hundred stood ready to deny the claim upon them. Nor had they any such demands to meet as those of the olden times. Then the plebeians were a firm and compact body which demanded a share of recent conquests that their own blood and courage had gained. Now it was a loose and feeble body of various members waiting for a share in land long since conquered, while their patron rather than their leader exerted himself for them.

Tiberius, like Licinius, met with violent opposition, but he had not like him the patience and the fortitude to wait the slower but safer process of legitimate agitation. He adopted a course[8] which is always dangerous and especially so in great political movements. Satisfied with the justice of his bill and stung by taunts and incensed by opposition, he resolved to carry it by open violation of law. He caused his colleague, Octavius, who had interposed his veto, to be removed from office by a vote of the citizens—a thing unheard of and, according to the Roman constitution, impossible—and in this way his bill for the division of the public land was carried and became a law. It required the appointing of three commissioners to receive and apportion the public domain.[9] This collegium of three persons,[10] who were regarded as ordinary and standing magistrates of the state, and were annually elected by the assembly of the people, was entrusted with the work of resumption and distribution. The important and difficult task of legally settling what was domain land and what was private property was afterward added to these functions. Tiberius himself, his brother Caius, then at Numantia, and his father-in-law, Claudius, were nominated, according to the usual custom of intrusting the execution of a law to its author and his chosen adherents.[11] The distribution was designed to go on continually and to embrace the whole class that should be in need of aid. The new features of this agraria lex of Sempronius, as compared with the Licinio-Sextian, were, first, the clause in favor of the hereditary possessors; secondly, the payment of quit-rent, and inalienable tenure proposed for the new allotments; thirdly, and especially, the permanent executive, the want of which, under the older law, had been the chief reason why it had remained without lasting practical application.[12]

The dissatisfaction of the supporters of the law concurred with the resistance of its opponents in preventing its execution or at least greatly embarrassing the collegium. The senate refused to grant the customary outfit to which the commissioners[13] were entitled. They proceeded without it. Then the landowners denied that they occupied any of the public land, or else asked such enormous indemnities as to render the recovery impossible without violence. This roused opposition. The ager publicus had never been surveyed, private boundaries had in many cases been obliterated, and, except where natural boundaries marked the limit of the domain land, it was impossible to ascertain what was ager publicus and what ager privatus. To avoid this difficulty the commission adopted the just but hazardous expediency of throwing the burden of proof upon the occupier. He was summoned before their tribunal and, unless he could establish his boundaries or prove that the land in question had never been a part of the domain land, it was declared ager publicus and confiscated.[14]

On the other hand the newly made proprietors were contending with one another, if not with the commissioners. The Italians were, in some cases, despoiled instead of relieved by the law. The complaints of those turned out of their estates to make room for the clamorous swarms from the city, drowned the thanks of such as obtained a portion of the lands. Not even with the wealth of Attalus had Tiberius bought friends enough to aid him at this time.[15] The same spirit of lawlessness which he himself had invoked in the passing of his law, was in turn made use of by his enemies to crush him. Having been absent from Rome while performing his duties as commissioner, he now returned as a candidate for re-election to the tribunate, a thing in itself contrary to law, and in the struggle which arose over his re-election, was slain a little more than six months after his appointment[16] to membership in the collegium.

Uncertainty as to the Details of the Lex Sempronia. We are very imperfectly informed upon many points in Tiberius' agrarian law. In the first place, the question arises, were those persons holding less than 500 jugera at the time of its enactment given their lands as bona fide private property with the privilege of making up the deficiency? If not, then the law, instead of punishing, would seem to reward violation of its tenets, and he who had with boldness appropriated the greatest quantity of domain land would now be an object of envy to his more honest but less fortunate neighbors.

Secondly, what arrangement was made as to the buildings and improvements already upon the land? Were these handed over to the new owners without any payment on their part? This would work great inequality in the value of allotments made, and yet we cannot see where the poor man was to obtain the money to pay for these. Then again, what was to become of the numerous slaves which had hitherto carried on the agriculture now destined to be performed by small holders? Their masters would have no further use for them and would consequently swell the lists of freedmen in order to avoid the expense of feeding them. This law was passed in the midst of the Sicilian slave war and Tiberius Gracchus would surely not have neglected to make some provision to meet this exigency. The law as it stands in its imperfect condition seems to be the work of an ignorant, unprincipled political charlatan, but we are convinced Tiberius was not that. Moreover, we know that he had the help of one of Rome's most able lawyers, Publius Mucius Scaevola, and the advice of his father-in-law, Appius Claudius, who was something of a statesman. We are therefore convinced that some conditions which were to meet these obstacles were enacted. We must admit, however, that it is a little surprising that no fragment of such conditions has ever reached us in the literature of Rome.

Results of this Law. Although Tiberius was dead, yet his law still lived, and, indeed, received added force from the death of its author. The senate killed Gracchus but could not annul his law. The party which was favorable to the distribution of the domain land gained control of affairs. Gaius Gracchus, Marcus Fulvius Flaccus, and Gaius Papirius Carbo, were the chief persons in carrying the law into effect. Mommsen (vol. III, p. 128) says: "The work of resuming and distributing the occupied domain land was prosecuted with zeal and energy; and, in fact, proofs to that effect are not wanting. As early as 622(i.e. from the Foundation of Rome, =132 B.C.) the consul of that year, Publius Popillius, the same who presided over the prosecution of the adherents of Tiberius Gracchus, recorded on a public monument that he was 'the first who had turned the shepherd out of the domains and installed farmers in their stead;' and tradition otherwise affirms that the distribution extended over all Italy, and that in the formerly existing communities the number of farmers was everywhere augmented—for it was the design of the Sempronian agrarian law to elevate the former class, not by the founding of new communities, but by the strengthening of those already in existence.

"The extent and the comprehensive effect of these distributions are attested by the numerous arrangements in the Roman art of land-measuring referable to the Gracchan assignations of land; for instance, the due placing of boundary stones, so as to obviate future mistakes, appears to have been first suggested by the Gracchan courts for defining boundaries and by the distribution of land.