Fannius he was the first to mount the wall, he became a quæstor and made the peace with Numantia. Its not being ratified greatly exasperated him. Unfortunately, we have for this period only desultory works from second or third hand, such as those of Appian and Plutarch: the latter of these wrote the lives of the Gracchi with much feeling, but without any knowledge of the true state of affairs, the moral part in him, being, however, really beautiful; moreover, like Appian, he is led astray by the gossip of any writer. Thus Plutarch allows himself to be beguiled into the belief that the vanity of Tiberius had been hurt by the repudiation of the peace; but of a soul such as that of Tiberius, we may safely say that its motives for anger were different. He had concluded the peace as an honest man, and to see it trampled upon in defiance of all good faith, embittered him against the men who then were in power. How a character like Gracchus in such times as those must have felt bound to take in hand these dangerous πολιτεύματα, may best be shown from the Servile war in Sicily, where the real canker which lay at the root of the whole state of society is laid bare. The _ager publicus_[65] was the land taken in war, of which the ownership belonged to the commonwealth, but the possession was given up to Roman citizens, or to foreigners, on the payment of certain outgoings, such as the tithes on the produce of the arable land and of the live stock; a _scriptura_ on the pasture land according to the number of the cattle; and other things of the kind. By the Licinian law[66] it had been enacted that no one should possess more than five hundred _jugera_ of the _ager publicus_, but that he might transfer the occupancy as if it were his property: yet the possessor was, after all, only a precarious occupant, _a tenant at will_,[67] whom the real owner might turn out, whenever he liked. If he possessed more than was allowed by law, he was liable to punishment, and what was above the quantity was to be confiscated: the state, however, might, of course, at any time take back the whole.