That the rusty machinery of the comitia should be made use of for the elections and for legislation, was already bad enough. But when those masses - the comitia primarily, and practically also the contiones - were permitted to interfere in the administration, and the instrument which the senate employed to prevent such interferences was wrested out of its hands; when this so-called burgess-body was allowed to decree to itself lands along with all their appurtenances out of the public purse; when any one, whom circumstances and his influence with the proletariate enabled to command the streets for a few hours, found it possible to impress on his projects the legal stamp of the sovereign people's will, Rome had reached not the beginning, but the end of popular freedom - had arrived not at democracy, but at monarchy.

For that reason in the previous period Cato and those who shared his views never brought such questions before the burgesses, but discussed them solely in the senate[37]. For that reason contemporaries of Gracchus, the men of the Scipionic circle, described the Flaminian agrarian law of 522 - the first step in that fatal career - as the beginning of the decline of Roman greatness. For that reason they allowed the author of the domain-distribution to fall, and saw in his dreadful end, as it were, a rampart against similar attempts in future, while yet they maintained and turned to account with all their energy the domain-distribution itself which he had carried through - so sad was the state of things in Rome that honest patriots were forced into the horrible hypocrisy of abandoning the evil-doer and yet appropriating the fruit of the evil deed. For that reason too the opponents of Gracchus were in a certain sense not wrong, when they accused him of aspiring to the crown. For him it is a fresh impeachment rather than a justification, that he himself was probably a stranger to any such thought. The aristocratic government was so thoroughly pernicious, that the citizen, who was able to depose the senate and to put himself in its place, might perhaps benefit the commonwealth more than he injured it.

But such a bold player Tiberius Gracchus was not. He was a tolerably capable, thoroughly well-meaning, conservative patriot, who simply did not know what he was doing; who in the fullest belief that he was calling the people evoked the rabble, and grasped at the crown without being himself aware of it, until the inexorable sequence of events urged him irresistibly into the career of the demagogue-tyrant; until the family commission, the interferences with the public finances, the further "reforms" exacted by necessity and despair, the bodyguard from the pavement, and the conflicts in the streets betrayed the lamentable usurper more and more clearly to himself and others; until at length the unchained spirits of revolution seized and devoured the incapable conjurer. The infamous butchery, through which he perished, condemns itself, as it condemns the aristocratic faction whence it issued; but the glory of martyrdom, with which it has embellished the name of Tiberius Gracchus, came in this instance, as usually, to the wrong man. The best of his contemporaries judged otherwise. When the catastrophe was announced to Scipio Aemilianus, he uttered the words of Homer:

and when the younger brother of Tiberius seemed disposed to come forward in the same career, his own mother wrote to him: "Shall then our house have no end of madness? Where shall be the limit? Have we not yet enough to be ashamed of, in having confused and disorganized the state?" So spoke not the anxious mother, but the daughter of the conqueror of Carthage, who knew and experienced a misfortune yet greater than the death of her children.

Tiberius Gracchus was dead; but his two works, the distribution of land and the revolution, survived their author. In presence of the starving agricultural proletariate the senate might venture on a murder, but it could not make use of that murder to annul the Sempronian agrarian law; the law itself had been far more strengthened than shaken by the frantic outbreak of party fury.

The party of the aristocracy friendly towards reform, which openly favoured the distribution of the domains - headed by Quintus Metellus, just about this time (623) censor, and Publius Scaevola - in concert with the party of Scipio Aemilianus, which was at least not disinclined to reform, gained the upper hand for the time being even in the senate; and a decree of the senate expressly directed the triumvirs to begin their labours. According to the Sempronian law these were to be nominated annually by the community, and this was probably done: but from the nature of their task it was natural that the election should fall again and again on the same men, and new elections in the proper sense occurred only when a place became vacant through death. Thus in the place of Tiberius Gracchus there was appointed the father-in-law of his brother Gaius, Publius Crassus Mucianus; and after the fall of Mucianus in 624[1] and the death of Appius Claudius, the business of distribution was managed in concert with the young Gaius Gracchus by two of the most active leaders of the movement party, Marcus Fulvius Flaccus and Gaius Papirius Carbo. The very names of these men are vouchers that the work of resuming and distributing the occupied domain-land was prosecuted with zeal and energy; and, in fact, proofs to that effect are not wanting. As early as 622 the consul of that year, Publius Popillius, the same who directed the prosecutions of the adherents of Tiberius Gracchus, recorded on a public monument that he was "the first who had turned the shepherds out of the domains and installed farmers in their stead"; and tradition otherwise affirms that the distribution extended over all Italy, and that in the formerly existing communities the number of farms was everywhere augmented - for it was the design of the Sempronian agrarian law to elevate the farmer-class not by the founding of new communities, but by the strengthening of those already in existence. The extent and the comprehensive effect of these distributions are attested by the numerous arrangements in the Roman art of land-measuring that go back to the Gracchan assignations of land; for instance, a due placing of boundary-stones so as to obviate future mistakes appears to have been first called into existence by the Gracchan courts for demarcation and the land-distributions. But the numbers on the burgess-rolls give the clearest evidence. The census, which was published in 623 and actually took place probably in the beginning of 622, yielded not more than 319,000 burgesses capable of bearing arms, whereas six years afterwards (629) in place of the previous falling-off[2] the number rises to 395,000, that is 76,000 of an increase - beyond all doubt solely in consequence of what the allotment-commission did for the Roman burgesses. Whether it multiplied the farms among the Italians in the same proportion maybe doubted; at any rate what it did accomplish yielded a great and beneficent result. It is true that this result was not achieved without various violations of respectable interests and existing rights. The allotment-commission, composed of the most decided partisans, and absolute judge in its own cause, proceeded with its labours in a reckless and even tumultuary fashion; public notices summoned every one, who was able, to give information regarding the extent of the domain-lands; the old land-registers were inexorably referred to, and not only was occupation new and old revoked without distinction, but in various cases real private property, as to which the holder was unable satisfactorily to prove his tenure, was included in the confiscation. Loud and for the most part well founded as were the complaints, the senate allowed the distributors to pursue their course; it was clear that, if the domain question was to be settled at all, the matter could not be carried through without such unceremonious vigour of action.