Of the Mischief bred in Rome by the Agrarian Law: and how it is a great source of disorder in a Commonwealth to pass a Law opposed to ancient Usage and with stringent retrospective Effect.
It has been said by ancient writers that to be pinched by adversity or pampered by prosperity is the common lot of men, and that in whichever way they are acted upon the result is the same. For when no longer urged to war on one another by necessity, they are urged by ambition, which has such dominion in their hearts that it never leaves them to whatsoever heights they climb. For nature has so ordered it that while they desire everything, it is impossible for them to have everything, and thus their desires being always in excess of their capacity to gratify them, they remain constantly dissatisfied and discontented. And hence the vicissitudes in human affairs. For some seeking to enlarge their possessions, and some to keep what they have got, wars and enmities ensue, from which result the ruin of one country and the growth of another.
I am led to these reflections from observing that the commons of Rome were not content to secure themselves against the nobles by the creation of tribunes, a measure to which they were driven by necessity, but after effecting this, forthwith entered upon an ambitious contest with the nobles, seeking to share with them what all men most esteem, namely, their honours and their wealth. Hence was bred that disorder from which sprang the feuds relating to the Agrarian Laws, and which led in the end to the downfall of the Roman republic. And although it should be the object of every well-governed commonwealth to make the State rich and keep individual citizens poor it must be allowed that in the matter of this law the city of Rome was to blame; whether for having passed it at first in such a shape as to require it to be continually recast; or for having postponed it so long that its retrospective effect was the occasion of tumult; or else, because, although rightly framed at first, it had come in its operation to be perverted. But in whatever way it happened, so it was, that this law was never spoken of in Rome without the whole city being convulsed.
The law itself embraced two principal provisions. By one it was enacted that no citizen should possess more than a fixed number of acres of land; by the other that all lands taken from the enemy should be distributed among the whole people. A twofold blow was thus aimed at the nobles; since all who possessed more land than the law allowed, as most of the nobles did, fell to be deprived of it; while by dividing the lands of the enemy among the whole people, the road to wealth was closed. These two grounds of offence being given to a powerful class, to whom it appeared that by resisting the law they did a service to the State, the whole city, as I have said, was thrown into an uproar on the mere mention of its name. The nobles indeed sought to temporize, and to prevail by patience and address; sometimes calling out the army, sometimes opposing another tribune to the one who was promoting the law, and sometimes coming to a compromise by sending a colony into the lands which were to be divided; as was done in the case of the territory of Antium, whither, on a dispute concerning the law having arisen, settlers were sent from Rome, and the land made over to them. In speaking of which colony Titus Livius makes the notable remark, that hardly any one in Rome could be got to take part in it, so much readier were the commons to indulge in covetous schemes at home, than to realize them by leaving it.
The ill humour engendered by this contest continued to prevail until the Romans began to carry their arms into the remoter parts of Italy and to countries beyond its shores; after which it seemed for a time to slumber--and this, because the lands held by the enemies of Rome, out of sight of her citizens and too remote to be conveniently cultivated, came to be less desired. Whereupon the Romans grew less eager to punish their enemies by dividing their lands, and were content, when they deprived any city of its territory, to send colonists to occupy it. For causes such as these, the measure remained in abeyance down to the time of the Gracchi; but being by them revived, finally overthrew the liberty of Rome. For as it found the power of its adversaries doubled, such a flame of hatred was kindled between commons and senate, that, regardless of all civil restraints, they resorted to arms and bloodshed. And as the public magistrates were powerless to provide a remedy, each of the two factions having no longer any hopes from them, resolved to do what it could for itself, and to set up a chief for its own protection. On reaching this stage of tumult and disorder, the commons lent their influence to Marius, making him four times consul; whose authority, lasting thus long, and with very brief intervals, became so firmly rooted that he was able to make himself consul other three times. Against this scourge, the nobles, lacking other defence, set themselves to favour Sylla, and placing him at the head of their faction, entered on the civil wars; wherein, after much blood had been spilt, and after many changes of fortune, they got the better of their adversaries. But afterwards, in the time of Cæsar and Pompey, the distemper broke out afresh; for Cæsar heading the Marian party, and Pompey, that of Sylla, and war ensuing, the victory remained with Cæsar, who was the first tyrant in Rome; after whose time that city was never again free. Such, therefore, was the beginning and such the end of the Agrarian Law.
But since it has elsewhere been said that the struggle between the commons and senate of Rome preserved her liberties, as giving rise to laws favourable to freedom, it might seem that the consequences of the Agrarian Law are opposed to that view. I am not, however, led to alter my opinion on this account; for I maintain that the ambition of the great is so pernicious that unless controlled and counteracted in a variety of ways, it will always reduce a city to speedy ruin. So that if the controversy over the Agrarian Laws took three hundred years to bring Rome to slavery, she would in all likelihood have been brought to slavery in a far shorter time, had not the commons, by means of this law, and by other demands, constantly restrained the ambition of the nobles.
We may also learn from this contest how much more men value wealth than honours; for in the matter of honours, the Roman nobles always gave way to the commons without any extraordinary resistance; but when it came to be a question of property, so stubborn were they in its defence, that the commons to effect their ends had to resort to those irregular methods which have been described above. Of which irregularities the prime movers were the Gracchi, whose motives are more to be commended than their measures; since to pass a law with stringent retrospective effect, in order to remove an abuse of long standing in a republic, is an unwise step, and one which, as I have already shown at length, can have no other result than to accelerate the mischief to which the abuse leads; whereas, if you temporize, either the abuse develops more slowly, or else, in course of time, and before it comes to a head, dies out of itself.
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