History of Julius Caesar Vol. 1 of 2. Napoleon III
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Название: History of Julius Caesar Vol. 1 of 2

Автор: Napoleon III

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Жанр: Биографии и Мемуары

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СКАЧАТЬ of the law of perduellio, or design against the Republic, furnished to arbitrary power an arm of which, at a later period, under the emperors, so deplorable a use was made under the name of the law of high-treason.122

      Slavery. – Slavery presented serious dangers for society, for, on the one hand, it tended, by the lower price of manual labour, to substitute itself for the labour of free men; while, on the other, discontented with their lot, the slaves were always ready to shake off the yoke and become the auxiliaries of all who were ambitious. In 253, 294, and 336, partial insurrections announced the condition already to be feared of a class disinherited of all the advantages, though intimately bound up with all the wants, of ordinary life.123 The number of slaves increased rapidly. They replaced the free men torn by the continual wars from the cultivation of the land. At a later period, when these latter returned to their homes, the Senate was obliged to support them by sending as far as Sicily to seek wheat to deliver to them either gratis or at a reduced price.124

      Agrarian Laws. – As to the Agrarian laws and the question of debts, they soon became an incessant cause of agitation.

      The kings, with the conquered lands, had formed a domain of the State (ager publicus), one of its principal resources,125 and generously distributed part of it to the poor citizens.126 Generally, they took from the conquered peoples two-thirds of their land.127 Of these two-thirds, “the cultivated part,” says Appian, “was always adjudged to the new colonists, either as a gratuitous grant, or by sale, or by lease paying rent. As to the uncultivated part, which, as a consequence of war, was almost always the most considerable, it was not the custom to distribute it, but the enjoyment of it was left to any one willing to clear and cultivate it, with a reservation to the State of the tenth part of the harvest and a fifth part of the fruits. A similar tax was levied upon those who bred cattle, large or small (in order to prevent the pasture land from increasing in extent to the detriment of the arable land). This was done in view of the increase of the Italic population, which was judged at Rome the most laborious, and to have allies of their own race. But the measure produced a result contrary to that which was expected from it. The rich appropriated to themselves the greatest part of the undistributed lands, and reckoning that the long duration of their occupation would permit nobody to expel them, they bought when they found a seller, or took by force from their neighbouring lesser proprietors their modest heritages, and thus formed vast domains, instead of the mere fields which they had themselves cultivated before.”128

      The kings had always sought to put a curb on these usurpations,129 and perhaps it was a similar attempt which cost Servius Tullius his life. But after the fall of the kingly power, the patricians, having become more powerful, determined to preserve the lands which they had unjustly seized.130

      And it must be acknowledged, as they supported the greatest share of the burthen of war and taxation, they had a better claim than the others to the conquered lands; they thought, moreover, that the colonies were sufficient to support an agricultural population, and they acted rather as State farmers than as proprietors of the soil. According to the public law, indeed, the ager publicus was inalienable, and we read in an ancient author: – “Lawyers deny that the soil which has once begun to belong to the Roman people, can ever, by usage or possession, become the property of anybody else in the world.”131

      In spite of this principle, it would have been wisdom to give, to the poor citizens who had fought, a part of the spoils of the vanquished; for the demands were incessant, and after 268, renewed almost yearly by the tribunes or by the consuls themselves. In 275, a patrician, Fabius Cæso, taking the initiative in a partition of lands recently conquered, exclaimed: “Is it not just that the territories taken from the enemy should become the property of those who have paid for it with their sweat and with their blood?”132 The Senate was as inflexible for this proposition as for those which were brought forward by Q. Considius and T. Genucius in 278, by Cn. Genucius in 280, and by the tribunes of the people, with the support of the consuls Valerius and Æmilius, in 284.133

      Yet, after fifty years of struggles since the expulsion of the Tarquins, the tribune Icilius, in 298, obtained the partition of the lands of Mount Aventine, by indemnifying those who had usurped a certain portion of them.134 The application of the law Icilia to other parts of the ager publicus135 was vainly solicited in 298 and the following years; but in 330, a new tax was imposed upon the possessors of the lands for the pay of the troops. The perseverance of the tribunes was unwearied, and, during the thirty-six years following, six different propositions were unsuccessful, even that relating to the territory of the Bolani, newly taken from the enemy.136 In 361 only, a senatus consultus granted to each father of a family and to each free man seven acres of the territory which had just been conquered from the Veii.137 In 371, after a resistance of five years, the Senate, in order to secure the concurrence of the people in the war against the Volsci, agreed to the partition of the territory of the Pomptinum (the Pontine Marshes), taken from that people by Camillus, and already given up to the encroachments of the aristocracy.138 But these partial concessions were not enough to satisfy the plebeians or to repair past injustices; in the Licinian law the claims of the people, which had been resisted during a hundred and thirty-six years, triumphed;139 it did not entirely deprive the nobles of the enjoyment of the lands unjustly usurped, but it limited the possession of them to five hundred jugera. When this repartition was made, the land which remained was to be distributed among the poor. The proprietors were obliged to maintain on their lands a certain number of free men, in order to augment the class from which the legions were recruited; lastly, the number of cattle on each domain was fixed, in order to restrain the culture of the meadows, in general the most lucrative, and augment that of the arable lands, which relieved Italy from the necessity of having recourse to foreign corn.

      This law of Licinius Stolo secured happy results; it restrained the encroachments of the rich and great, but only proceeded with moderation in its retrospective effects; it put a stop to the alarming extension of the private domains at the expense of the public domain, to the absorption of the good of the many by the few, to the depopulation of Italy, and consequently to the diminution of the strength of the armies.140

      The numerous condemnations for trespasses against the law Licinia prove that it was carried into execution, and for the space of two hundred years it contributed, with the establishment of new colonies,141 to maintain this class of agriculturists – the principal sinews of the State. We see indeed that, from this moment, the Senate itself took the initiative of new distributions of land to the people.142

      Debts. – The question of debts and the diminution of the rate of interest had long been the subject of strong prejudices and of passionate debates.

      As the citizens made war at their own expense, the less rich, while they were under arms, could not take care of their fields or farms, but borrowed money to provide for their wants and for those of their families. The debt had, in this case, a noble origin, the service of their country.143 Public opinion must, therefore, be favourable to the debtors СКАЧАТЬ



<p>122</p>

“Appius convokes an assembly, accuses Valerius and Horatius of the crime of perduellio, calculating entirely on the tribunian power with which he was invested.” (Year of Rome 305.) (Dionysius of Halicarnassus, XI. 39.)

<p>123</p>

“In the interim, there was at Rome a conspiracy of several slaves, who formed together the design of seizing the forts and setting fire to the different quarters of the town.” (Year of Rome 253.) (Dionysius of Halicarnassus, V. 51.) – “From the summit of the Capitol, Herdonius called the slaves to liberty. He had taken up the cause of misfortune; he had just restored to their country those whom injustice had banished, and delivered the slaves from a heavy yoke; it is to the Roman people that he wishes to give the honour of this enterprise.” (Year of Rome 294.) (Titus Livius, III. 15.) – “The slaves who had entered into the conspiracy were, at different points, to set fire to the town, and, while the people were occupied in carrying assistance to the houses which were in flames, to seize by force of arms the citadel and the Capitol. Jupiter baffled these criminal designs. On the denunciation of two slaves, the guilty were arrested and punished.” (Year of Rome 336.) (Titus Livius, IV. 45.)

<p>124</p>

“Finally, under the consulship of M. Minucius and A. Sempronius, wheat arrived in abundance from Sicily, and the Senate deliberated on the price at which it must be delivered to the citizens.” (Year of Rome 263.) (Titus Livius, II. 34.) – “As the want of cultivators gave rise to the fear of a famine, people were sent to search for wheat in Etruria, in the Pomptinum, at Cumæ, and even as far as Sicily.” (Year of Rome 321.) (Titus Livius, IV. 25.)

<p>125</p>

“When Romulus had distributed all the people in tribes and curiæ, he also divided the lands into thirty equal portions, of which he gave one to each curia, reserving, nevertheless, what was necessary for the temples and the sacrifices, and a certain portion for the domain of the Republic.” (Dionysius of Halicarnassus, II. 7.)

<p>126</p>

“Numa distributed to the poorest of the plebeians the lands which Romulus had conquered and a small portion of the lands of the public domain.” (Dionysius of Halicarnassus, II. 62.) – “ Similar measures are attributed to Tullius Hostilius and Ancus Martius.” (Dionysius of Halicarnassus, III. 1, 48.) – “As soon as he was mounted on the throne, Servius Tullius distributed the lands of the public domain to the thetes (mercenaries) of the Romans.” (Dionysius of Halicarnassus, IV. 13.)

<p>127</p>

Romulus, according to Dionysus of Halicarnassus, sent two colonies to Cænina and Antemnæ, having taken from those two towns the third of their lands. (II. 35.) – In the year 252, the Sabines lost ten thousand acres (jugera) of arable land. (Dionysius of Halicarnassus, V. 49.) – A treaty concluded with the Hernici, in 268, deprived them of two-thirds of their territory. (Titus Livius, II. 41.) – “In 413, the Privernates lost two-thirds of their territory; in 416, the Tiburtines and Prenestines lost a part of their territory.” (Titus Livius, VIII. I, 14.) – “In 563, P. Cornelius Scipio Nasica took from the Boians nearly half their territory.” (Titus Livius, XXXVI. 39.)

<p>128</p>

Appian, Civil Wars, I. vii. – This citation, though belonging to a posterior date, applies nevertheless to the epoch of which we are speaking.

<p>129</p>

“Servius published an edict to oblige all who had appropriated, under the title of usufructuaries or proprietors, the lands of the public domain, to restore them within a certain time, and, by the same edict, the citizens who possessed no heritage were ordered to bring him their names.” (Dionysius of Halicarnassus, IV. 10.)

<p>130</p>

“We need not be astonished if the poor prefer the lands of the domain to be distributed (to all the citizens) than to suffer that a small number of the most shameless should remain sole possessors. But if they see that they are taken from those who gather their revenues, and that the public is restored to the possession of its domain, they will cease to be jealous of us, and the desire to see them distributed to each citizen would diminish, when it shall be demonstrated to them that these lands will be of greater utility when possessed in common by the Republic.” (Year of Rome 268.) (Speech of Appius, Dionysius of Halicarnassus, VIII. 73.)

<p>131</p>

Agannius Urbicus, De Controversiiss agrorum, in the Gromatici veteres, ed. Lachmann, vol. I, p. 82.

<p>132</p>

Titus Livius, II. 48.

<p>133</p>

“Lucius Æmilius said that it was just that the common goods should be shared among all the citizens, rather than leave the enjoyment of them to a small number of individuals; that in regard to those who had seized upon the public lands, they ought to be sufficiently satisfied that they had been left to enjoy them during so long a time without being disturbed in their possession, and that if afterwards they were deprived of them, it ill became them to be obstinate in retaining them. He added that, besides the public law acknowledged by general opinion, and according to which the public goods are common to all the citizens, just as the goods of individuals belong to those who have acquired them legitimately, the Senate was obliged, by a special reason, to distribute the lands to the people, since it had passed an ordinance for that purpose already seventeen years ago.” (Dionysius of Halicarnassus, IX. 51.)

<p>134</p>

Titus Livius, III. 31. – Dionysius of Halicarnassus, X. 33 et seq.

<p>135</p>

“The plebeians complain loudly that their conquests have been taken from them; that it is disgraceful that, having conquered so many lands from the enemy, not the least portion of it remains to them; that the ager publicus is possessed by rich and influential men who take the revenue unjustly, without other title than their power and unexampled acts of violence. They demand finally that, sharing with the patricians all the dangers, they may also have their share in the advantages and profit derived from them.” (Year of Rome 298.) (Dionysius of Halicarnassus, X. 36.)

<p>136</p>

“The moment would have been well chosen, after having taken vengeance on the seditious, to propose, in order to soothe people’s minds, the partition of the territory of the Bolani; they would thus have weakened the desire for an agrarian law which would expel the patricians from the public estates they had unjustly usurped. For it was an indignity which cut the people to the heart, this rage of the nobility to retain the public lands they occupied by force, and, above all, their refusal to distribute to the people even the vacant lands recently taken from the enemy, which, indeed, would soon become, like the rest, the prey of some of the nobles,” (Year of Rome 341.) (Titus Livius, IV. 51.)

<p>137</p>

Titus Livius, V. 30.

<p>138</p>

Titus Livius, VI. 21. – It appears that the Pontine Marshes were then very fertile, since Pliny relates, after Licinius Mucianus, that they included upwards of twenty-four flourishing towns. (Natural History, III. v. 56, edit. Sillig.)

<p>139</p>

Titus Livius, VI. 35-42. – Appian, Civil Wars, I. 8.

<p>140</p>

See the remarkable work of M. A. Mace, Sur les Lois Agraires, Paris, 1846.

<p>141</p>

Roman Colonies. – Second period: 244-416

Lavici (Labicum) (336). Latium. (Via Lavicana.) La Colonna.

Vitellia (359). The Volscians. (Via Prænestina.) Uncertain. Civitella or Valmontone.

Satricum (370). The Volscians. Banks of the Astura. Casale di Conca, between Anzo and Velletri.

Latin Colonies. – Second period: 244-416.

Antium (287). Volscians. Torre d’Anzio or Porto d’Anzio.

Suessa Pometia (287). Near the Pontine Marshes. Disappeared at an early period.

Cora. Volscians (287). Cori.

Signia (259). Volscians. Segni.

Velitræ (260). Volscians. Velletri.

Norba (262). Volscians. Near the modern village of Norma.

Ardea (312). Rutuli. Ardea.

Circeii (361). Aurunces. Monte Circello: San Felice or Porto di Paolo.

Satricum (369). Volscians. Casale di Conca.

Sutrium (371). Etruria. (Via Cassia.) Sutri.

Setia (372) Volscians. Sezze.

Nepete (381). Etruria. Nepi.

<p>142</p>

It is thus that we see, in 416, each poor citizen receiving two jugera, taken from the land of the Latins and their allies. In 479, after the departure of Pyrrhus, the Senate caused lands to be distributed to those who had fought against the King of Epirus. In 531, the Flaminian law, which Polybius accuses wrongly of having introduced corruption into Rome, distributed by head the Roman territory situated between Rimini and the Picenum; in 554, after the capture of Carthage, the Senate made a distribution of land to the soldiers of Scipio. For each year of service in Spain or Africa, each soldier received two jugera, and the distribution was made by decemvirs. (Titus Livius, XXXI. 49.)

<p>143</p>

“Marcus Valerius demonstrated to them that prudence did not permit them to refuse a thing of small importance to citizens who, under the government of the kings, had distinguished themselves in so many battles for the defence of the Republic.” (Year of Rome 256.) (Dionysius of Halicarnassus, V. 65.) – “On one hand, the plebeians pretended not to be in a condition to pay their debts; they complained that, during so many years of war, their lands had produced nothing, that their cattle had perished, that their slaves had escaped or had been carried away in the different incursions of the enemies, and that all they possessed at Rome was expended for the cost of the war. On the other hand, the creditors said that the losses were common to everybody; that they had suffered no less than their debtors; that they could not consent to lose what they had lent in time of peace to some indigent citizens in addition to what the enemies had taken from them in time of war.” (Year of Rome 258.) (Dionysius of Halicarnassus, VI. 22.)