LITMIR.BIZ

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known from Cicero (De L. Agr. ii. 31. 82; comp. Liv. xlii. 2, 19), is now more fully established by the fragments of Licinianus, p. 4. The two accounts are to be combined to this effect, that Lentulus ejected the possessors in consideration of a compensatory sum fixed by him, but accomplished nothing with real landowners, as he was not entitled to dispossess them and they would not consent to sell.

77

II. II. Agrarian Law of Spurius Cassius

78

III. XI. Rise of A City Rabble

79

III. IX. Nullity of the Comitia

80

IV. I. War against Aristonicus

81

IV. II. Ideas of Reform

82

III. VI. The African Expedition of Scipio

83

To this occasion belongs his oration -contra legem iudiciariam- Ti. Gracchi—which we are to understand as referring not, as has been asserted, to a law as to the -indicia publica-, but to the supplementary law annexed to his agrarian rogation: -ut triumviri iudicarent-, qua publicus ager, qua privatus esset (Liv. Ep. lviii.; see IV. II. Tribunate of Gracchus above).

84

IV. II. Vote by Ballot

85

The restriction, that the continuance should only be allowable if there was a want of other qualified candidates (Appian, B. C. i. 21), was not difficult of evasion. The law itself seems not to have belonged to the older regulations (Staatsrecht, i. 473), but to have been introduced for the first time by the Gracchans.

86

Such are the words spoken on the announcement of his projects of law:—"If I were to speak to you and ask of you—seeing that I am of noble descent and have lost my brother on your account, and that there is now no survivor of the descendants of Publius Africanus and Tiberius Gracchus excepting only myself and a boy—to allow me to take rest for the present, in order that our stock may not be extirpated and that an offset of this family may still survive; you would perhaps readily grant me such a request."

87

IV. III. Democratic Agitation under Carbo and Flaccus

88

III. XII. Results. Competition of Transmarine Corn

89

III. XII. Prices of Italian Corn

90

III. XI. Reform of the Centuries

91

IV. III. The Commission for Distributing the Domains

92

III. VII. The Romans Maintain A Standing Army in Spain

93

Thus the statement of Appian (Hisp. 78) that six years' service entitled a man to demand his discharge, may perhaps be reconciled with the better known statement of Polybius (vi. 19), respecting which Marquardt (Handbuch, vi. 381) has formed a correct judgment. The time, at which the two alterations were introduced, cannot be determined further, than that the first was probably in existence as early as 603 (Nitzsch, Gracchen, p. 231), and the second certainly as early as the time of Polybius. That Gracchus reduced the number of the legal years of service, seems to follow from Asconius in Cornel, p. 68; comp. Plutarch, Ti. Gracch. 16; Dio, Fr. 83, 7, Bekk.

94

II. I. Right of Appeal; II. VIII. Changes in Procedure

95

III. XII. Moneyed Aristocracy

96

IV. II. Exclusion of the Senators from the Equestrian Centuries

97

III. XI. The Censorship A Prop of the Nobility

98

III. XI. Patricio-Plebeian Nobility, III. XI. Family Government

99

IV. I. Western Asia

100

That he, and not Tiberius, was the author of this law, now appears from Fronto in the letters to Verus, init. Comp. Gracchus ap. Gell. xi. 10; Cic. de. Rep. iii. 29, and Verr. iii. 6, 12; Vellei. ii. 6.

101

IV. III. Modifications of the Penal Law

102

We still possess a great portion of the new judicial ordinance— primarily occasioned by this alteration in the personnel of the judges— for the standing commission regarding extortion; it is known under the name of the Servilian, or rather Acilian, law -de repetundis-.

103

This and the law -ne quis iudicio circumveniatur- may have been identical.

104

A considerable fragment of a speech of Gracchus, still extant, relates to this trafficking about the possession of Phrygia, which after the annexation of the kingdom of Attalus was offered for sale by Manius Aquillius to the kings of Bithynia and of Pontus, and was bought by the latter as the highest bidder.(p. 280) In this speech he observes that no senator troubled himself about public affairs for nothing, and adds that with reference to the law under discussion (as to the bestowal of Phrygia on king Mithradates) the senate was divisible into three classes, viz. Those who were in favour of it, those who were against it, and those who were silent: that the first were bribed by kingMithra dates, the second by king Nicomedes, while the third were the most cunning, for they accepted money from the envoys of both kings and made each party believe that they were silent in its interest.

105

IV. III. Democratic Agitation under Carbo and Flaccus

106

IV. II. Tribunate of Gracchus

107

II. II. Legislation

108

II. III. Political Abolition of the Patriciate