The History of Rome, Book IV: The RevolutionMommsen, Theodor
History
The History of Rome, Book IV: The Revolution
Mommsen, Theodor
Rome -- History
Let us endeavour to form a judgment regarding these momentous events.
The appointment of an official commission, which had to counteract
the dangerous diminution of the farmer-class by the comprehensive
establishment of new small holdings from the whole Italian landed
property at the disposal of the state, was doubtless no sign of a
healthy condition of the national economy; but it was, under the
existing circumstances political and social, suited to its purpose.
The distribution of the domains, moreover, was in itself no political
party-question; it might have been carried out to the last sod without
changing the existing constitution or at all shaking the government
of the aristocracy. As little could there be, in that case, any
complaint of a violation of rights. The state was confessedly
the owner of the occupied land; the holder as a possessor on mere
sufferance could not, as a rule, ascribe to himself even a bonafide
proprietary tenure, and, in the exceptional instances where he could
do so, he was confronted by the fact that by the Roman law prescription
did not run against the state. The distribution of the domains was not
an abolition, but an exercise, of the right of property; all jurists
were agreed as to its formal legality. But the attempt now to carry
out these legal claims of the state was far from being politically
warranted by the circumstance that the distribution of the domains
neither infringed the existing constitution nor involved a violation
of right. Such objections as have been now and then raised in our
day, when a great landlord suddenly begins to assert in all their
compass claims belonging to him in law but suffered for a long period
to lie dormant in practice, might with equal and better right be
advanced against the rogation of Gracchus. These occupied domains
had been undeniably in heritable private possession, some of them for
three hundred years; the state's proprietorship of the soil, which
from its very nature loses more readily than that of the burgess the
character of a private right, had in the case of these lands become
virtually extinct, and the present holders had universally come
to their possessions by purchase or other onerous acquisition.
The jurist might say what he would; to men of business the measure
appeared to be an ejection of the great landholders for the benefit
of the agricultural proletariate; and in fact no statesman could give
it any other name. That the leading men of the Catonian epoch formed
no other judgment, is very clearly shown by their treatment of a similar
case that occurred in their time. The territory of Capua and the
neighbouring towns, which was annexed as domain in 543, had for
the most part practically passed into private possession during
the following unsettled times. In the last years of the sixth
century, when in various respects, especially through the influence
of Cato, the reins of government were drawn tighter, the burgesses
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