"But the number on the burgess-rolls gives the clearest evidence. The census, which was published in 623, and actually took place probably in the beginning of 622, yielded not more than 319,000 burgesses capable of bearing arms, whereas six years afterwards (629), in place of the previous falling off (p. 108), the number rises to 395,000, that is 76,000 of an increase beyond all doubt solely in consequence of what the allotment commission did for Roman burgesses."

Ihne says, concerning this same commission (vol. IV, p. 409): "The triumvirs entered upon their duties under the most unfavorable circumstances.... We may entertain serious doubts whether they or their immediate successors ever got beyond this first stage of their labors, and whether they really accomplished the task of setting up any considerable number of independent freeholders." Ihne further says (vol. IV, p. 408, n. 1), in answer to the statements made by Mommsen, which we have quoted above: "There is an obvious fallacy in this argument, for how could the assignment of allotments to poor citizens increase the number of citizens? There is nothing to justify the assumption that non-citizens were to share in the benefit of the land-law, and that by receiving allotments they were to be advanced to the rank of citizens. If the statements respecting the census of 131 B.C. and 125 B.C. are to be trusted, the great increase in the number of citizens must be explained in another way. It is possible ... that after the revolt of Fregellae (125 B.C.) a portion of the allies were admitted to the Roman franchise by several plebiscites. We know nothing of such plebiscites; but it is not unlikely that the Roman senate in 125 B.C. acted on the principle of making timely concessions to a portion of the rebels, and thus preventing unanimous action among them. This is what was done in 90 B.C. during the great Social War. By such an admission of allies, the increase of citizens between 131 and 125 might possibly be explained."

If we examine the objections which Ihne raises we shall not find them so formidable as first appears. Mommsen does not say that the number of citizens was increased. What he does say is that the number of burgesses capable of bearing arms was increased (vol. III, p. 128). In 570-184, the Servian Military Constitution was so modified as to admit to service in the burgess army, persons possessed of but 4,000 asses ($85). In case of need all those who were bound to serve in the fleet, i.e. those rated between 4,000 and 1,500 asses and all freedmen, together with the free-born rated between 1,500 asses ($30) and 375 asses ($7.50), were enrolled in the burgess infantry.[17] It is easy enough to see that the gift on the part of the government of 30 jugera (24 acres) of land to each poor citizen, would raise him from the ranks of the proletariate and make him liable to military service.

This is sufficient to establish Mommsen's thesis;[18] and it is not necessary to consider the second point, viz., that non-citizens were not to share in the benefit of the land law nor thereby to be raised to the rank of citizens, although to us it would be no more difficult to believe this than that 76,000 allies had been admitted to the Roman franchise "by several plebiscites" no trace or rumor of which had been preserved.

It can hardly be supposed that the Italian farmers were multiplied at the same ratio as were the Romans; but the result must have been most beneficial even to them.

In the accomplishing of this result, respectable interests and existing rights were no doubt violated. The commission itself was composed of violent partisans who, being judges unto themselves, did not scruple to carry out their plans even at the cost of recklessness and tumult. Loud complaints were made, but usually to no avail. If the domain question was to be settled at all, the matter could not be carried through without some such rigor of action. Intelligent Romans wished to see the plan thoroughly tested. But this acquiescence had a limit. The Italian domain was not all in the hands of Roman citizens. Allied communities held the usufruct of large tracts of it by means of decrees of the people or the senate, and other portions had been taken possession of by Latin burgesses. These in turn were attacked by the commissioners; but to give fresh offense to these Latini, who were already overburdened with military service, without share in the spoils, was a matter of doubtful policy.

The Latini appealed to Scipio in person, and by his influence a bill was passed by the people which withdrew from the commission its jurisdiction and remitted to the consuls the decision as to what were private and what domain lands. This was a mild way of killing the law, and resulted in that. It had, however, in great measure, fulfilled its object and left little territory in the hands of the Roman state.

[SEC. 12.]—LEX SEMPRONIA GAIANA.

Gaius Gracchus really enacted no new agrarian law but merely re-established the power of the commission which had been appointed by his brother ten years before; which power they had lost by the law of Scipio.[1] Gaius' law was enacted merely to preserve the principle, and the distribution of land, if resumed at all, was on a very limited scale. This is made known from the fact that the burgess-roll showed precisely the same number capable of bearing arms in 124 and 114. As has already been stated, the domain land had been exhausted by the commission before losing its power, and, therefore, Gaius had none to distribute.[2] The land held by the Latini could only be taken into consideration with the difficult question of the Roman franchise. But when Gaius proposed the establishment of colonies in Italy, at Tarentum and Capua, whose territories had been hitherto reserved as a source of revenue to the treasury,[3] he went a step beyond his brother and made this also liable to be parcelled out; not, however, according to the method of Tiberius, who did not contemplate the establishment of new communities, but according to the colonial system. There can be little doubt that Gaius designed to aid in permanently establishing[4] the revolution by means of these new colonies in the most fertile part of all Italy. His overthrow and death put a stop to the establishment of the contemplated colonies and left this territory still tributary to the treasury.