stem of farming on
a large scale and by means of slaves, and to secure to the free
proletarians at least a share of work--is self-evident. In this
matter legislation could afford no relief, without shaking the
foundations of the civil organization of the period in a way that
would reach far beyond its immediate horizon. In the question of the
domains, on the other hand, it was quite possible for legislation to
effect a change; but what was done was manifestly inadequate. The new
domain-arrangement, by granting the right of driving very considerable
flocks and herds upon the public pastures, and that of occupying
domain-land not laid out in pasture up to a maximum fixed on a
high scale, conceded to the wealthy an important and perhaps even
disproportionate prior share in the produce of the domains; and by
the latter regulation conferred upon the domain-tenure, although it
remained in law liable to pay a tenth and revocable at pleasure,
as well as upon the system of occupation itself, somewhat of a legal
sanction. It was a circumstance still more suspicious, that the
new legislation neither supplemented the existing and manifestly
unsatisfactory provisions for the collection of the pasture-money
and the tenth by compulsory measures of a more effective kind, nor
prescribed any thorough revision of the domanial possessions, nor
appointed a magistracy charged with the carrying of the new laws into
effect. The distribution of the existing occupied domain-land partly
among the holders up to a fair maximum, partly among the plebeians
who had no property, in both cases in full ownership; the abolition
in future of the system of occupation; and the institution of
an authority empowered to make immediate distribution of any
future acquisitions of territory, were so clearly demanded by the
circumstances of the case, that it certainly was not through want
of discernment that these comprehensive measures were neglected.
We cannot fail to recollect that it was the plebeian aristocracy,
in other words, a portion of the very class that was practically
privileged in respect to the usufructs of the domains, which proposed
the new arrangement, and that one of its very authors, Gaius Licinius
Stolo, was among the first to be condemned for having exceeded the
agrarian maximum; and we cannot but ask whether the legislators dealt
altogether honourably, and whether they did not on the contrary
designedly evade a solution, really tending to