was nothing but a renewal of the Licinio-Sextian law
of 387.(30) Under it all the state-lands which were
occupied and enjoyed by the possessors without remuneration—those
that were let on lease, such as the territory of Capua,
were not affected by the law—were to be
resumed on behalf of the state; but with the restriction,
that each occupier should reserve for himself 500
-jugera- and for each son 250 (so as not, however,
to exceed 1000 -jugera- in all) in permanent and guaranteed
possession, or should be entitled to claim compensation
in land to that extent. Indemnification appears
to have been granted for any improvements executed
by the former holders, such as buildings and plantations.
The domain-land thus resumed was to be broken up
into lots of 30 jugera; and these were to be distributed
partly to burgesses, partly to Italian allies, not
as their own free property, but as inalienable heritable
leaseholds, whose holders bound themselves to use
the land for agriculture and to pay a moderate rent
to the state-chest. A -collegium- of three men,
who were regarded as ordinary and standing magistrates
of the state and were annually elected by the assembly
of the people, was entrusted with the work of resumption
and distribution; to which was afterwards added the
important and difficult function of legally settling
what was domain-land and what was private property.
The distribution was accordingly designed to go on
for an indefinite period until the Italian domains
which were very extensive and difficult of adjustment
should be regulated. The new features in the
Sempronian agrarian law, as compared with the Licinio-Sextian,
were, first, the clause in favour of the hereditary
possessors; secondly, the leasehold and inalienable
tenure proposed for the new allotments; thirdly and
especially, the regulated and permanent executive,
the want of which under the older law had been the
chief reason why it had remained without lasting practical
application.
War was thus declared against the great landholders,
who now, as three centuries ago, found substantially
their organ in the senate; and once more, after a
long interval, a single magistrate stood forth in
earnest opposition to the aristocratic government.
It took up the conflict in the mode—sanctioned
by use and wont for such cases—of paralyzing
the excesses of the magistrates by means of the magistracy
itself.(31) A colleague of Gracchus, Marcus Octavius,
a resolute man who was seriously persuaded of the
objectionable character of the proposed domain law,
interposed his veto when it was about to be put to
the vote; a step, the constitutional effect of which
was to set aside the proposal. Gracchus in his
turn suspended the business of the state and the administration
of justice, and placed his seal on the public chest;
the government acquiesced—it was inconvenient,
but the year would draw to an end. Gracchus,
in perplexity, brought his law to the vote a second
time. Octavius of course repeated his -veto-;