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Updated: August 1, 2024
He sought to construe this proposal as implying that the senate had conceded the principle of distributing the domain-land; but neither was this implied in it, nor was the senate at all disposed to yield in the matter; the discussions ended without any result. Constitutional means were exhausted.
The attempt at rivalry was too clear; the endeavour to draw the fair bond between the nobles and the proletariate still closer by their exercising jointly a tyranny over the Latins was too transparent; the inquiry suggested itself too readily, In what part of the peninsula, now that the Italian domains had been mainly given away already even granting that the whole domains assigned to the Latins were confiscated was the occupied domain-land requisite for the formation of twelve new, numerous, and compact burgess-communities to be discovered?
On the other hand he took an important step beyond the agrarian law of Tiberius, when he proposed the establishment of colonies in Italy at Tarentum, and more especially at Capua and by that course rendered the domain-land, which had been let on lease by the state and was hitherto excluded from distribution, liable to be also parcelled out, not, however, according to the previous method, which excluded the founding of new communities, but according to the colonial system.
From the end of the Hannibalic war down to 595 the numbers of the burgesses were steadily on the increase, the cause of which is mainly to be sought in the continuous and considerable distributions of domain-land: after 595 again, when the census yielded 328,000 burgesses capable of bearing arms, there appears a regular falling-off, for the list in 600 stood at 324,000, that in 607 at 322,000, that in 623 at 319,000 burgesses fit for service an alarming result for a time of profound peace at home and abroad.
Such also were the laws originating in the conflicts of the orders directed against usury as well as against an undue use of the common pasture and a disproportionate appropriation of the occupiable domain-land.
The allotment-commission no doubt continued to subsist, but, as the judicial regulation of the domain-land was at a standstill, it was compelled to remain inactive. Assassination of Aemilianus The reform-party was deeply indignant. Even men like Publius Mucius and Quintus Metellus disapproved of the intervention of Scipio. Other circles were not content with expressing disapproval.
With reference on the other hand to the domains still possessed by right of occupation which, over and above the domain-land enjoyed by the Latins, must have mostly consisted of the estates left with their holders in accordance with the Gracchan maximum it was resolved definitively to secure them to those who had hitherto been occupants and to preclude the possibility of future distribution.
The very names of these men are vouchers that 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.
There was destined for distribution only the Italian domain-land, that is to say, substantially, the territory of Capua, and, if this should not suffice, other Italian estates were to be purchased out of the revenue of the new eastern provinces at the taxable value recorded in the censorial rolls; all existing rights of property and heritable possession thus remained unaffected.
It is characteristic of the government, that it neither distributed the lands which Sulla had destined for allotment but had not yet parcelled out, nor directly abandoned the claim to them, but tolerated the former owners in provisional possession without regulating their title, and indeed even allowed various still undistributed tracts of Sullan domain-land to be arbitrarily taken possession of by individuals according to the old system of occupation, which was de jure and de facto set aside by the Gracchan reforms.
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