The proposal, which was ushered in by these stirring appeals, seemed at first sight to be of a moderate and somewhat conservative character. It professed to be the renewal of an older law, which had limited the amount of domain land which an individual might possess to five hundred _jugera_;[331] it professed, that is, to reinforce an injunction which had been persistently disobeyed, for this enactment restricting possession had never been repealed. The extent to which a proposal of this kind is a re-enactment, in the spirit as well as in the letter, depends entirely on the length of time which has elapsed since the original proposal has begun to be violated. A political society, which recognises custom as one of the bases of law, must recognise desuetude as equally valid. A law, which has not been enforced for centuries, would, by the common consent of the courts of such nations as favour progressive legislation, be regarded as no law at all. Again, the age of an ordinance determines its suitability to present conditions. It may be justifiable to revive an enactment that is centuries old; but the revival should not necessarily dignify itself with that name. It must be regarded as a new departure, unless the circumstances of the old and the new enactment can be proved to be approximately the same. Our attempts to judge the Gracchan law by these considerations are baffled by our ignorance of the real date of the previous enactment, the stringency of whose measures he wished to renew. If it was the Licinian law of the middle of the fourth century,[332] this law must have been renewed, or must still have continued to be observed, at a period not very long anterior to the Gracchan proposal; for Cato could point his argument against the declaration of war with Rhodes by an appeal to a provision attributed to this measure[333]--an appeal which would have been pointless, had the provision fallen into that oblivion which persistent neglect of an enactment must bring to all but the professed students of law. We can at least assert that the charge against Gracchus of reviving an enactment so hoary with age as to be absurdly obsolete, is not one of the charges to be found even in those literary records which were most unfriendly to his legislation.[334]