Rome, they thought, could never have been small. Indeed at that time also, there may have been people like Æschines, and fools, who thought Cassius a traitor, because he accommodated himself to circumstances. Cassius in his third consulship, after the league with the Hernicans, wished to be just to the _Plebes_ also. This leads us to the important agrarian law. THE AGRARIAN LAW. SP. CASSIUS. EMIGRATION OF THE FABII. THE PUBLILIAN ROGATIONS. The ancient nations, when they waged war, held on the whole a different principle of right from what we do. We look upon war as a duel between the genii of two states,--between two ideal states: the individual is not affected by it as to his person, his liberty, and his property; the law of war intends him to be injured as little as possible, he is never to be the immediate object of hostility, he is only to be placed in jeopardy when it cannot be helped. But among the ancients, the hostilities were common to every one that belonged to the state; and whilst with us the conquered state indeed loses its right to the land, but every individual remains as he was, just as if there had been no war, these had quite different views on the subject. It was not only in wars of extermination that they took away the whole property of the vanquished, and made them slaves; in the common wars also the goods and chattels of the inhabitants were forfeited. Even when a place surrendered voluntarily, these with their wives and children fell into the hands of the conquerors, as we see from the forms of dedition. The conqueror in the latter case did not make them slaves; yet they were bondmen, and the whole of their landed property became the prize of the victor. If such a place had suffered but little, and it still seemed worth while to preserve it, there were sent thither from Rome three hundred colonists, one from each _Gens_, and these were a φρουρά, a φυλακή. They got each of them a garden of two _jugera_; without doubt they had the whole, or at least the greater part of the public demesne, and a third of the district as arable land, two-thirds being left to the old inhabitants. These are the original colonies. In other instances no colonies were sent, it not being deemed requisite to take occupation of the place. Sometimes the inhabitants were cast out, at other times they were allowed to remain, and a tax was laid upon them, generally the tithe; yet they then held their tenures as it were on sufferance, being always removable at pleasure. In countries which had been devastated by war, or from which the inhabitants had been driven out, the Romans used to act according to a law quite peculiar to themselves, for which there is no parallel whatever in the Greek institutions.