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Appian and The Aftermath of The Gracchan Reform - Gargola
Appian and The Aftermath of The Gracchan Reform - Gargola
Appian and The Aftermath of The Gracchan Reform - Gargola
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Daniel J. Gargola
!For an overview of the debate see Johannsen 1971, 63-79; Meister 1974, 86-97;
Lintott 1992, 282-86.
2Cicero's Brutus (136) provides the only evidence for the date of the lex Thoria,
and that is very indirect. Acting on the assumption (on the whole justified) that Cicero
treated the orators in chronological order, examination of the names immediately before
and after that of Sp. Thorius has led some to conclude that Thorius' floruit should be
placed somewhere between about 120 and 110, with most placing it after 115; see D'Arms
1935; Douglas 1956; Douglas 1966, 247-50; Sumner 1973, 90-91.
3 Cic. De Or. 2.284: Sed ex his omnibus nihil magis ridetur, quam quod est praeter
exspectationem, cuius innumerabilia sunt exempla, vel Appii maioris illius, qui in senatu,
cum ageretur de agris publicis et de lege Thoria etpeteretur Lucilius ab eis, qui a pecore eius
depasci agros publicos dicerent, "non est" inquit "Lucilius pecus illud: erratis;"?defendere
enim Lucilium videbatur?"ego liberumputo esse: qua libetpascitur."
ing the name of the author of Appian's second measure, Spurios Borios
or Bourios, to Sp. Thorius.4
Unfortunately, Cicero's seemingly simple characterization of the
Thorian law in Brutus can be interpreted in several ways. Accepting th
usual emendation of vectigale to vectigali, scholars have found reasons
to interpret the subordinate clause as reporting either the imposition o
the removal of a rent on public lands;5 those preferring the former gen?
erally take lege to be an ablative of separation and vectigali to be an ab
lative of means ("he relieved public land from a faulty and useless law
by means of an rent"), while those accepting the latter usually reverse
the construction ("he relieved public land from a rent by means of a
faulty and useless law"). Other solutions, based on different emenda-
tions, have also been proposed: instead of changing the vectigale of th
manuscripts to vectigali, some would render it as vectigalem, so that Cic?
ero would have claimed that Thorius relieved rent-bearing public land
by means of a law; others would emend the text more drastically by al
tering in some way the verb in the subordinate clause.6 Whatever th
proper reading, the passage still reveals little about the law, its aims, and
its context.
How does Cicero's Thorian law fit in Appian's narrative? This
question lies behind many attempts to clarify Cicero's meaning. Each
translation, after all, requires that the measure be linked to a differen
law in the series, and, as we shall see shortly, any attempt to identify one
of Appian's measures with the lex Thoria on the basis of chronology
also necessarily determines the preferred translation of Cicero's text
The orator's terse account in Brutus certainly reveals that the measure
in some way addressed the matter of rents on public lands. If Cicero di
the surviving portions of the law of 111 provide for the judicial con
mation of ownership acquired through a variety of means, but the
not acknowledge (or explicitly reject) the legality of any sales of tr
viral allotments by recipients, allegedly the central feature of App
first law.9 Then, while the framers of the law of 111 made private cert
types of public land, freed portions from a rent, and possibly impo
rent on others, these rules were not as wide-ranging as Appian por
them nor did they cover the same land. Appian's description of t
second law's provisions governing public land is simple: "the land
longer should be divided, but it should belong to those having it,
they should pay on it a rent to the people." The framers of the law
other words, privatized and made rent-bearing lands that had been
ject to distribution. Under the law of 133, only holdings above a lim
five hundred iugera were liable to confiscation and assignment, so
the bulk of the lands made private and rent-bearing must have c
from just these excess possessions.10 The law of 111, however, re
both a more limited change of status and a different rent. The mea
recognized as private both lands already assigned in some fashion
the Gracchan land commissioners and also holdings carved out of p
lic lands by private actions as long as they were within the legal limit e
tablished by the Sempronian law; public land held in excess of this
remained public property, and, at least in theory, available for fut
distribution. Finding Appian's rent in the law encounters many of
same problems. In lines 19 and 20, unfortunately fragmentary, the fra
ers addressed in some way the question of a rent on newly privat
lands, either imposing a payment or, more probably, removing on
Yet the rules regarding rent the framers set forth in these lines cover
only the lands they had declared private in earlier sections. Provisi
Appian assigns to the three laws, then, cannot be found in the
of 111?at least, they cannot be found in the way Appian represen
out uncultivated sections for their own use, as long as they paid a rent
the treasury. The Romans intended these acts, he claims, to increase
numbers of Italic peoples, so that the Romans might have more allie
war. The rich, however, first took possession of the uncultivated l
and, by force or by purchase, began to acquire the lands of the p
who lived near them, creating over time large estates, worked by sl
As a result the rich became even richer and the number of slaves in-
creased greatly, while the numbers of Italians, exhausted by poverty,
taxes, and military service, declined. Then some tribunes, responding to
widespread concern, secured the passage of a law prohibiting anyone
from holding more than five hundred iugera of public land or of pastur-
ing on it more than a fixed number of animals. They thought the poor
would use the excess, but the rich either ignored the law or made but to-
ken efforts to comply with it. Matters remained unchanged until Ti.
Gracchus began his reform.
In this narrative Appian combines simple descriptions of tradi?
tional forms of exploitation and regulation?colonies, viritane assign-
ments, sale or lease, and the recognition of private exploitation (occu-
patio) under certain circumstances?with tendentious claims about the
goals they were intended to reach: to increase the population and, thus,
the pool of those eligible for military service by opening up land to the
poor. Colonization and viritane assignments certainly could have served
such an end, but measures authorizing the sale or lease of segments of
public land or recognizing the legality of occupatio could have done so
only with difficulty; for the former, the raising of revenue would have
been the most important goal, whereas the latter may only have recog-
nized and attempted to regulate an existing state of affairs about which
the state could do little?Appian also claims (1.7.27) that the Romans
issued their regulations because they lacked the time to turn the land to
other uses. The depiction of the law restricting the amount of public
land one could occupy and the number of animals one could pasture on
public property, a type of rule known to scholars as a law de modo agro-
rum, fits the same pattern.20 The provisions Appian assigns it are rea-
sonably accurate?at least other sources confirm the existence of a
pre-Gracchan law with the same maximum on cultivated land and some
limit on the pasturage of animals?but the goal he claims for it, the
fore to scorn the law on account of those distributing the land, nor
could they buy it from those who had received allotments, for Gracchus,
providing against this, had prohibited sales." Note that Appian here of
fers a second explanation for the failure of the first law de modo agro
rum: it did not establish officials to enforce its provisions.
The third of Appian's post-Gracchan laws also completes the sec
ond, but the final result is not the widespread use of public lands fo
public ends, but rather the return of the evils that had led Ti. Gracchu
and his predecessors to put forward their own laws. After describing the
second law and its consequences, Appian claims: "and not much later
another tribune put an end to the rent, and the people at once were d
prived of everything, and because of this there were still fewer citizen
and soldiers and revenue and distributions of land." Just as the first lex
de modo agrorum represented partial progress toward a reform that the
law of Ti. Gracchus would complete, so also did the second post-Grac?
chan law represent an imperfect movement away from reform that the
final measure would finish. While recounting the effects of the final
measure, it should be noted, Appian writes as if the distribution of land
had ended with it, a result he earlier had attributed explicitly to the sec?
ond law; this apparent inconsistency illustrates the strong emphasis in
his conclusion on the land reform. There may have been an additional
parallel: Appian ends his account of the pre-Gracchan situation and the
measure Ti. Gracchus put forward to remedy it by reporting the cre?
ation of the triumvirate and stressing its importance to the reform. Al?
though the lacuna makes certainty impossible, Appian probably also
completed his narrative of the end of reform with a reference to the tri-
umvirs, but one that removed them from the scene, thus clearly empha-
sizing the return of previous conditions.
Close examination of Appian's accounts of the beginning and the
end of the reform gives rise to some disquiet. Both can be read as a jus-
tification for the reform, and one seems to excuse its failure. Both lead
to the appearance of exactly the same conditions by exactly the same
processes. Both had their crises develop through the same stages in
much the same way, first defining an ideal to serve as a backdrop, then
outlining its subversion, which was followed by an incomplete move?
ment toward the final goal, and finishing with the attainment of this end.
In his introduction Appian seems to describe his laws and legal cate?
gories with reasonable accuracy; he merely assigns them a different
goal, one that better serves his purpose. The schematic fashion in which
he presents the post-Gracchan laws, however, may have affected
of laws and their terms, on the one hand, and the requirements of
scheme, on the other, one might easily suspect that some, or possibly a
details were either fabricated or substantially misrepresented. His
scription of the terms of the post-Gracchan laws and his character
tions of their significance for the reform certainly do not fit clearly t
other evidence for the legislation of the period. As we have seen, t
are no indications that any of the provisions Appian assigns to his t
laws?the legality of sales of allotments, the privatization of lands s
ject to distribution, or the imposition and later removal of a rent on ju
these lands?ever was in effect in the way he claims; here, inventio
significant and intentional distortion is likely. Any disquiet over th
curacy and importance of the provisions Appian assigns to his thr
laws can only be increased upon recalling how poorly his characte
tion of any of the measures fits the best-known law of the period.
law of 111 is far more wide-ranging than any of Appian's measures,
identifying it with either the second or the third of his laws requ
some manipulation either of Appian's account or of the text of the
scription. Indeed his portrayal of the third law as in essence oppose
all reform seems not to fit well a measure that recognized the legality
the Gracchan allotments, including those made around Carthage un
the terms of a lex Rubria, which earlier had been repealed at the in
gation of Gaius Gracchus' opponents.
Our suspicion that the demands of his scheme may have dete
mined what was included and how it was presented may shed ligh
one further problem. If Appian included his final reference to the triu
virs simply because his plan required that he bring to an end his acc
of the dismantling of the reform with some statement that either term
nated the commission or its activities, then, in the text as it origin
stood, there may never have been a strict, clear, and logical link
tween the passage and the rest of the narrative. Nothing in the acco
as it now stands clearly links the college, the term of fifteen years,
any legislative act?Appian does claim that the second of the p
Gracchan laws ended the distribution of land, but he does not say h
the law accomplished this?and the words em Sixaig seem to conne
the idleness of the triumvirs with legal judgments or proceedings ra
than with the passage of a law. Thus, the inactivity of the triumvi
and the end of the term of fifteen years (if the Jievxexai5exa ^icd
exeoiv ctjxo xfjg TqAxxov vo^ioOeoiag formed part of the same clau
need not have been connected directly to any of the laws whose pas
Appian has just recounted, and, indeed, it is possible that the fift
year interval and the term in office of the triumvirs did not ove
23For the deaths of Gracchus and Flaccus see App. BC 1.26.114-20; Plut. C. Gracch.
17; Liv. Per. 61. For the death of Carbo see Cic. Brut 103,159, De Or. 1.40,1.154, Verr. 2.3.3.
24Cichorius (1922, 113-17) suggests that a heavily restored inscription found at
Carthage (ILS 28) shows that the places on the commission made vacant by the deaths
were filled, but the text provides no certain evidence since most of the names and any
identification of the office are all lost; see Broughton 1951-85, I 522-23 n. 5; Molthagen
1973, 437-38.
25For recent studies emphasizing the unity of Appian's work see Goldmann 1988;
Gowing 1992.
set the stage for the assembly at Rome that would lead directly to G
chus' death. Nowhere does he attempt in any way to relate these pr
ects to the broader question of land reform or to the law of 133, w
earlier had occupied such a central place in his account.
This disjunction between Appian's account of the reforms of
Gracchus and what went before and came after can be explained in
eral ways. Conceivably, the change in emphasis may indicate only a
in the source Appian was following, perhaps accompanied by a sim
lack of attention to details.26 But it is just possible that it served a mor
conscious purpose. Book 1 of the Civil Wars contains three episod
civil disorder that lead into the greater stasis of Sulla, which begin
continuous narrative that extends through the remainder of the w
Although treated as distinct, the staseis that center on the Gracchi
turninus, and the younger Drusus share prominent elements: all inv
the use of violence to promote or oppose a particular program; each
cuses on contests over the passage of legislation that in some way e
body larger conflicts. Appian's account of the Gracchi emphasizes st
gles over the use of public land, over relations with the allies, and
control of the courts. His description of Saturninus' career (1.28.1
1.33.149) again has as a central issue the use of land, to which he
nects the allies tangentially: the residents of the city were anger
because Saturninus' land law gave Italians a share. Finally (1.34
1.36.164), he portrays Drusus as putting forward a legislative progr
consisting of a land law, a citizenship law, and a measure sharing con
of the courts between the Senate and the equestrian order.
It has been suggested that a problematic feature in Appian's
troduction to the Gracchan reform can best be explained as an atte
to link together these otherwise separate histories. When outlining
history of the use of public lands before 133 and the law Ti. Gracc
introduced in that year, Appian uses two different sets of terms to ide
tify the groups in conflict, the victims, and the intended beneficia
Most often he describes developments in terms of "rich" and "po
On other occasions, however, his terminology is confused: sometim
writes as if the primary victims of the formation of large estates
the intended beneficiaries of Ti. Gracchus' program were "Italiots
whereas on other occasions, especially in the speeches of the reform
26For examples of Appian's ability to create confusion see Bucher 1995; Kon
1995.
28See Liv. Per. 60; Vell. Pat. 2.6.2-3. For Gaius' agrarian legislation see Stockton
1979, 131-37; Gargola 1995, 163-67.
University of Kentucky
e-mail: djgargOl@ukcc.uky.edu
BIBLIOGRAPHY
Lintott, A. 1992. Judicial Reform and Land Reform in the Roman Republic: A
New Edition, with Translation and Commentary, ofthe Laws from Urbino.
Cambridge: Cambridge University Press.
Mattingly, H. B. 1971. "The Agrarian Law of the 'Tabula Bembina.'" Latomus
30:281-93.