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appeared in arms and each attended by two armed slaves. None of the aristocracy were absent; even the aged and venerable Quintus Metellus, well disposed to reform, had appeared with shield and sword. An officer of ability and experience acquired in the Spanish wars, Decimus Brutus, was entrusted with the command of the armed force; the senate assembled in the senate-house. The bier with the corpse of Antullius was deposited in front of it; the senate, as if surprised, appeared en masse at the door in order to view the dead body, and then retired to determine what should be done. The leaders of the democracy had gone from the Capitol to their houses; Marcus Flaccus had spent the night in preparing for the war in the streets, while Gracchus apparently disdained to strive with destiny. Next morning, when they learned the preparations made by their opponents at the Capitol and the Forum, both proceeded to the Aventine, the old stronghold of the popular party in the struggles between the patricians and the plebeians. Gracchus went thither silent and unarmed; Flaccus called the slaves to arms and entrenched himself in the temple of Diana, while he at the same time sent his younger son Quintus to the enemy's camp in order if possible to arrange a compromise. The latter returned with the announcement that the aristocracy demanded unconditional surrender; at the same time he brought a summons from the senate to Gracchus and Flaccus to appear before it and to answer for their violation of the majesty of the tribunes. Gracchus wished to comply with the summons, but Flaccus prevented him from doing so, and repeated the equally weak and mistaken attempt to move such antagonists to a compromise. When instead of the two cited leaders the young Quintus Flaccus once more presented himself alone, the consul treated their refusal to appear as the beginning of open insurrection against the government; he ordered the messenger to be arrested and gave the signal for attack on the Aventine, while at the same time he caused proclamation to be made in the streets that the government would give to whosoever should bring the head of Gracchus or of Flaccus its literal weight in gold, and that they would guarantee complete indemnity to every one who should leave the Aventine before the beginning of the conflict. The ranks on the Aventine speedily thinned; the valiant nobility in union with the Cretans and the slaves stormed the almost undefended mount, and killed all whom they found, about 250 persons, mostly of humble rank. Marcus Flaccus fled with his eldest son to a place of concealment, where they were soon afterwards hunted out and put to death. Gracchus had at the beginning of the conflict retired into the temple of Minerva, and was there about to pierce himself with his sword, when his friend Publius Laetorius seized his arm and besought him to preserve himself if possible for better times. Gracchus was induced to make an attempt to escape to the other bank of the Tiber; but when hastening down the hill he fell and sprained his foot. To gain time for him to escape, his two attendants turned to face his pursuers and allowed themselves to be cut down, Marcus Pomponius at the Porta Trigemina under the Aventine, Publius Laetorius at the bridge over the Tiber where Horatius Cocles was said to have once singly withstood the Etruscan army; so Gracchus, attended only by his slave Euporus, reached the suburb on the right bank of the Tiber. There, in the grove of Furrina, were afterwards found the two dead bodies; it seemed as if the slave had put to death first his master and then himself. The heads of the two fallen leaders were handed over to the government as required; the stipulated price and more was paid to Lucius Septumuleius, a man of quality, the bearer of the head of Gracchus, while the murderers of Flaccus, persons of humble rank, were sent away with empty hands. The bodies of the dead were thrown into the river; the houses of the leaders were abandoned to the pillage of the multitude. The warfare of prosecution against the partisans of Gracchus began on the grandest scale; as many as 3000 of them are said to have been strangled in prison, amongst whom was Quintus Flaccus, eighteen years of age, who had taken no part in the conflict and was universally lamented on account of his youth and his amiable disposition. On the open space beneath the Capitol where the altar consecrated by Camillus after the restoration of internal peace(29) and other shrines erected on similar occasions to Concord were situated, these small chapels were pulled down; and out of the property of the killed or condemned traitors, which was confiscated even to the portions of their wives, a new and splendid temple of Concord with the basilica belonging to it was erected in accordance with a decree of the senate by the consul Lucius Opimius. Certainly it was an act in accordance with the spirit of the age to remove the memorials of the old, and to inaugurate a new, concord over the remains of the three grandsons of the conqueror of Zama, all of whom—first Tiberius Gracchus, then Scipio Aemilianus, and lastly the youngest and the mightiest, Gaius Gracchus—had now been engulfed by the revolution. The memory of the Gracchi remained officially proscribed; Cornelia was not allowed even to put on mourning for the death of her last son; but the passionate attachment, which very many had felt towards the two noble brothers and especially towards Gaius during their life, was touchingly displayed also after their death in the almost religious veneration which the multitude, in spite of all precautions of police, continued to pay to their memory and to the spots where they had fallen. CHAPTER IV

The Rule of the Restoration

Vacancy in the Government

The new structure, which Gaius Gracchus had reared, became on his death a ruin. His death indeed, like that of his brother, was primarily a mere act of vengeance; but it was at the same time a very material step towards the restoration of the old constitution, when the person of the monarch was taken away from the monarchy, just as it was on the point of being established. It was all the more so in the present instance, because after the fall of Gaius and the sweeping and bloody prosecutions of Opimius there existed at the moment absolutely no one, who, either by blood-relationship to the fallen chief of the state or by preeminent ability, might feel himself warranted in even attempting to occupy the vacant place. Gaius had departed from the world childless, and the son whom Tiberius had left behind him died before reaching manhood; the whole popular party, as it was called, was literally without any one who could be named as leader. The Gracchan constitution resembled a fortress without a commander; the walls and garrison were uninjured, but the general was wanting, and there was no one to take possession of the vacant place save the very government which had been overthrown.

The Restored Aristocracy

So it accordingly happened. After the decease of Gaius Gracchus without heirs, the government of the senate as it were spontaneously resumed its place; and this was the more natural, that it had not been, in the strict sense, formally abolished by the tribune, but had merely been reduced to a practical nullity by his exceptional proceedings. Yet we should greatly err, if we should discern in this restoration nothing further than a relapse of the state-machine into the old track which had been trodden and worn for centuries. Restoration is always revolution; but in this case it was not so much the old government as the old governor that was restored. The oligarchy made its appearance newly equipped in the armour of the -tyrannis- which had been overthrown. As the senate had beaten Gracchus from the field with his own weapons, so it continued in the most essential points to govern with the constitution of the Gracchi; though certainly with the ulterior idea, if not of setting it aside entirely, at any rate of thoroughly purging it in due time from the elements really hostile to the ruling aristocracy.

Prosecutions of the Democrats

At first the reaction was mainly directed against persons. Publius Popillius was recalled from banishment after the enactments relating to him had been cancelled (633), and a warfare of prosecution was waged against the adherents of Gracchus; whereas the attempt of the popular party to have Lucius Opimius after his resignation of office condemned for high treason was frustrated by the partisans of the government (634). The character of this government of the restoration is significantly indicated by the progress of the aristocracy in soundness of sentiment. Gaius Carbo, once the ally of the Gracchi, had for long been a convert,(1) and had but recently shown his zeal and his usefulness as defender of Opimius. But he remained the renegade; when the same accusation was raised against him by the democrats as against Opimius, the government were not unwilling to let him fall, and Carbo, seeing himself lost between the two parties, died by his own hand. Thus the men of the reaction showed themselves in personal questions pure aristocrats. But the reaction did not immediately attack the distributions of grain, the taxation of the province of Asia, or the Gracchan arrangement as to the jurymen and courts; on the contrary, it not only spared the mercantile class and the proletariate of the capital, but continued to render homage, as it had already done in the introduction of the Livian laws, to these powers and especially to the proletariate far more decidedly than had been done by the Gracchi. This course was not adopted merely because the Gracchan revolution still thrilled for long the minds of its contemporaries and protected its creations; the fostering and cherishing at least of the interests of the populace was in fact perfectly compatible with the personal advantage of the aristocracy, and thereby nothing further was sacrificed than merely the public weal.

The Domain Question under the Restoration

All those measures which were devised by Gaius Gracchus for the promotion of the public welfare—the best but, as may readily be conceived, also the most unpopular part of his legislation—were allowed by the aristocracy to drop. Nothing was so speedily and so successfully assailed as the noblest of his projects, the scheme of introducing a legal equality first between the Roman burgesses and Italy, and thereafter between Italy and the provinces, and—inasmuch as the distinction between the merely ruling and consuming and the merely serving and working members of the state was thus done away— at the same time solving the social question by the most comprehensive and systematic emigration known in history. With all the determination and all the peevish obstinacy of dotage the restored oligarchy obtruded the principle of deceased generations—that Italy must remain the ruling land and Rome the ruling city in Italy—afresh on the present. Even in the lifetime of Gracchus the claims of the Italian allies had been decidedly rejected, and the great idea of transmarine colonization had been subjected to a very serious attack, which became the immediate cause of Gracchus' fall. After his death the scheme of restoring Carthage was set aside with little difficulty by the government party, although the individual allotments already distributed there were left to the recipients. It is true that they could not prevent a similar foundation by the democratic party from succeeding at another point: in the course of the conquests beyond the Alps which Marcus Flaccus had begun, the colony of Narbo (Narbonne) was founded there in 636, the oldest transmarine burgess- city in the Roman empire, which, in spite of manifold attacks by the government party and in spite of a proposal directly made by the senate to abolish it, permanently held its ground, protected, as it probably was, by the mercantile interests that were concerned. But, apart from this exception—in its isolation not very important—the government was uniformly successful in preventing the assignation of land out of Italy.

The Italian domain-question was settled in a similar spirit. The Italian colonies of Gaius, especially Capua, were cancelled, and such of them as had already been planted were again broken up; only the unimportant one of Tarentum was allowed to subsist in the form of the new town Neptunia placed alongside of the former Greek community. So much of the domains as had already been distributed by non-colonial assignation remained in the hands of the recipients; the restrictions imposed on them by Gracchus in the interest of the commonwealth—the ground-rent and the prohibition of alienation—had already been abolished by Marcus Drusus. With reference on

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