land from possessors had been made long before this
by Spurius Cassius; and he had paid for his daring
with his life. [Sidenote: The Licinian Law.]
More than a century later the Licinian law forbade
anyone to hold above 500 ‘jugera’ of public
land, for which, moreover, a tenth of the arable and
a fifth of the grazing produce was to be paid to the
State. The framers of the law are said to have
hoped that possessors of more than this amount would
shrink from making on oath a false return of the land
which they occupied, and that, as they would be liable
to penalties for exceeding the prescribed maximum,
all land beyond the maximum would be sold at a nominal
price (if this interpretation of the [Greek: kat’
oligon] of Appian may be hazarded) to the poor.
It is probable that they did not quite know what they
were aiming at, and certain that they did not foresee
the effects of their measure. In a confused way
the law may have been meant to comprise sumptuary,
political, and agrarian objects. It forbade anyone
to keep more than a hundred large or five hundred
small beasts on the common pasture-land, and stipulated
for the employment of a certain proportion of free
labour. The free labourers were to give information
of the crops produced, so that the fifths and tenths
might be duly paid; and it may have been the breakdown
of such an impossible institution which led to the
establishment of the ‘publicani.’ [Sidenote:
Composite nature of the Licinian law.] Nothing, indeed,
is more likely than that Licinius and Sextius should
have attempted to remedy by one measure the specific
grievance of the poor plebeians, the political disabilities
of the rich plebeians and the general deterioration
of public morals; but, though their motives may have
been patriotic, such a measure could no more cure
the body politic than a man who has a broken limb,
is blind, and in a consumption can be made sound at
every point by the heal-all of a quack. Accordingly
the Licinian law was soon, except in its political
provisions, a dead letter. Licinius was the first
man prosecuted for its violation, and the economical
desire of the nation became intensified. [Sidenote:
The Flaminian law.] In 232 B.C. Flaminius carried
a law for the distribution of land taken from the
Senones among the plebs. Though the law turned
out no possessors, it was opposed by the Senate and
nobles. Nor is this surprising, for any law distributing
land was both actually and as a precedent a blow to
the interests of the class which practised occupation.
What is at first sight surprising is that small parcels
of land, such as must have been assigned in these
distributions, should have been so coveted. [Sidenote:
Why small portions of land were so coveted.] The explanation
is probably fourfold. Those who clamoured for
them were wretched enough to clutch at any change;
or did not realise to themselves the dangers and drawbacks
of what they desired; or intended at once to sell
their land to some richer neighbour; or, lastly, longed