Tiberius Gracchus’ proposal to fix this problem [the perceived loss of free farmers from whom the Roman army was raised] was the lex Sempronia Agraria. The law proposed to enforce a legal but long ignored limit on the holding of ager publicus,1 restricting individuals to holding just 500 iugera (c. 311 acres), with the state revoking the leases on the remainder and using the reclaimed land to then provide small plots for free to the Roman poor, with a rider that these plots could not be sold (to avoid them being reconsolidated into elite estates).
And here it is worth noting that kind of government the Romans had to understand the response. The Roman Republic had written laws but no written constitution – instead, the rules for office holding, for conducting the business of the Senate, for running the assemblies and so on were all customary: the Romans governed themselves in accordance with what they called the mos maiorum, “the custom of the ancestors”. In a sense then, certain practices, if practiced long enough, became a sort of law-of-tradition to themselves and of course one of those customs – practiced at this point for, at minimum around 150 years – was the continual leasing of large amounts of ager publicus to the point that the leases were treated as a form of ownership: people used that land as security for loans, they built houses on it, they buried their parents on it and so on. Because the leases were presumptively renewable and had been for decades if not centuries, under the mos maiorum, the holders of ager publicus had long considered the land theirs. And of course the upset parties are rich and powerful, so their opposition was significant and meaningful, politically.
In brief, the way this plays out is that while Tiberius Gracchus does have significant popular support for his motion (Plut. Ti. Gracch. 9.1), much of the elite are opposed. He draws up a quite conciliatory version of the law, which proposes to compensate the holders of large amounts of ager publicus for their lost leasing rights and to then give them the remainder of their leased land (so they needn’t fear a second lex agraria and a third and a fourth and so on), but according to Plutarch in the face of continued elite opposition, shifts back to a less conciliatory version of the law (Plut. Ti. Gracch. 10.3). The resistance to his law centers on another tribune, Marcus Octavius, himself a large holder of public lands, who plans to veto the law and uses his own powers as a tribune to disrupt the process (along with some fairly clear shenanigans by some of the wealthy, like trying to hide the voting urns to prevent a vote on the law and so on).
Now there are a few things to note at this juncture in the story. First, there being ten tribunes, it must never have been very hard to find a tribute willing to gum up the passage of a given law, but that, traditionally, this was a tactic of delay, rather than a hard-stop the way Octavius is using it. At the same time, with real public momentum to make this law happen, one could easily imagine simply waiting Octavius out – he only has one year in office. Except. Except that, remember, Tiberius Gracchus needs a big victory in his tribunate to get his political career [back] on track, a consideration that was clearly significant (thus the reason we’re informed of his quaestorship; we usually don’t know much about even very significant figures’ time in junior offices!). That consideration, I think, serves as important context for Tiberius’ decision to escalate every time he encounters resistance: he cannot afford to simply be the prelude to someone else passing this law: he needs to pass it himself.
The normal method for “deconflicting” two magistrates with opposing vetoes like this was to go to the Senate, which Tiberius Gracchus, hoping his influential supporters would carry the day, did. Instead, according to Plutarch (Ti. Gracch. 11.2) the Senate was merely no help, whereas Appian (BCiv 1.12) describes the Senate as openly upbraiding Tiberius, a strong negative response. Now under the mos maiorum, that would be the end of it: the authority of the Senate (the auctoritas senatus) ought to be so intense that when the Senate speaks in one voice and says, “not right now” then you desist. Remember that in the Roman conception, the Republic is a partnership of sorts between the Senate and the People (the S and the P in SPQR), rather than a situation in which the Senate is purely subordinate to the popular will: if the Senate is strongly opposed, that is supposed to be a veto point that is respected.
But remember: Tiberius Gracchus cannot, politically, desist. He must push through because his political career requires a victory this year. Note that the cause does not require a victory in 133; there is nothing to stop another tribune in 132 from trying to advance the same bill or a more limited or different version of it. But Tiberius Gracchus’ career absolutely requires success in 133. So instead of desisting, he escalates.
He now breaks clearly with the mos maiorum and plans to take his law directly to the people against the advice of the Senate. Octavius is obviously a problem – he’ll veto anything Tiberius Gracchus tries to do – so Tiberius Gracchus introduces a law to depose Octavius from office. The Roman Republic doesn’t have anything like impeachment, there is no framework to remove someone from office. Instead, the way the Republic works is that all of the offices are held for short duration (one year) and while tribunes and office holders with imperium are immune from prosecution while in office, they can be prosecuted the moment they leave office for any crimes they committed. There is no framework for booting out a tribune like this; the remedy in the customary Roman system is to make sure the next year you elect tribunes who support the idea and try to pass it then. But that remedy doesn’t work for Tiberius Gracchus.
So Tiberius Gracchus passes the law deposing Octavius and then has him dragged from the speaker’s platform (the rostra) and now we have a problem. Because of course Octavius’ supporters are going to view this law itself as illegal and invalid: tribunes are, you will recall sacrosanct, so it’s not clear they can be deposed and it is very clear they cannot be assaulted or dragged. Violating the sacrosanctity of a tribune is, at least notionally, a capital offense and a severe violation of religion and if you think that Tiberius Gracchus’ legal basis for all of this is rubbish, you think he just did it twice. Of course, Tiberius is also a tribune, so you can’t attack him now, but once his year is done, you are probably planning to haul him in to court and let a jury decide if what he did was legal or not.2
In any case, with Octavius removed, Tiberius passes his land reform bill. The law provided for a three-man commission to handle the assessment of what public land was held in excess and then to hand it out. Tiberius Gracchus names as those commissioners himself, his brother and his father-in-law (Appius Claudius Pulcher (cos. 143)). Needless to say, that is a set of commissioners which does not inspire a lot of confidence that the commission will be uncorrupted by politics, a point we’ll get back to in just a moment.
In the meantime, the Senate looked to exert its traditional prerogative over state funds (as it advised the quaestors who superintended the treasury) to hamstring the new commission, but Tiberius Gracchus took advantage of the recent death of Attalus III, King of Pergamum. Attalus had notionally willed his kingdom “to the Roman people” – he had no clear heirs and so perhaps thought by this act to get the Romans to pick one of his relatives to run the kingdom, thus avoiding a damaging civil war – but instead Tiberius, getting the news early, rushed to pass a law annexing the kingdom and using the windfall to fund his commission. The law passes, but this is a breach both of the Senate’s traditional power over state finances, but also its very important role managing Roman foreign policy.
What I want to note in this sequence which is important for understanding what comes next is that Tiberius Gracchus has just demonstrated that, so long as he remained popular, he could use the powers of the tribunate to essentially run the Roman state from the tribune’s chair. Tiberius has now forced not merely a domestic land issue, but also a finance issue and a foreign policy issue over the objection of the Senate and another elected tribune, essentially running roughshod over all of the customary limits intended to keep any one Roman politician from coming to dominate the Roman political system.
Of course if you were an opponent of Tiberius Gracchus, you could at least tell yourself that this is all bad, but at the very least, Tiberius Gracchus will be out of office next year, as it was contrary to custom to run for any office immediately after holding it. Indeed, it was unusual to hold basically any office more than once, save for the consulship (and even then, only for very successful consuls and never multiple years in a row). Those limits are customary but everything about the Roman Republic is customary; if you discounted the mos maiorum, there wouldn’t be any republic left. You’d instead expect that Tiberius would go back to being a senator for a few years while planning his shot at the praetorship – during which he’ll have to survive a series of court battles over the legality of his actions.
So even if he is doing potentially outrageous, dangerous things, at least he’ll be gone in a year, right?
Bret Devereaux, “Collections: On the Gracchi, Part I: Tiberius Gracchus”, A Collection of Unmitigated Pedantry, 2025-01-17.
- Which, again, noting the complications above, probably means applying that limit for the first time to at least some classifications of land it had not applied to before and also applying it against the socii.
- The Roman court system leaves questions of law – which in most modern courts would be decided by a judge – to the jury itself.
