The History of Rome - Theodor Mommsen (free e books to read .txt) 📗

special property.(4) Better evidence that such was the case is afforded by the earliest designation of wealth as "cattle-stock" or "slave-and-cattle-stock" (-pecunia-, -familia pecuniaque-), and of the separate possessions of the children of the household and of slaves as "small cattle" (-peculium-) also by the earliest form of acquiring property through laying hold of it with the hand (-mancipatio-), which was only appropriate to the case of moveable articles;(5) and above all by the earliest measure of "land of one's own" (-heredium-, from -herus-lord), consisting of two -jugera- (about an acre and a quarter), which can only have applied to garden-ground, and not to the hide.(6) When and how the distribution of the arable land took place, can no longer be ascertained. This much only is certain, that the oldest form of the constitution was based not on freehold settlement, but on clanship as a substitute for it, whereas the Servian constitution presupposes the distribution of the land. It is evident from the same constitution that the great bulk of the landed property consisted of middle-sized farms, which provided work and subsistence for a family and admitted of the keeping of cattle for tillage as well as of the application of the plough. The ordinary extent of such a Roman full hide has not been ascertained with precision, but can scarcely, as has already been shown,(7) be estimated at less than twenty -jugera-(12 1/2 acres nearly).

Culture of Grain

Their husbandry was mainly occupied with the culture of the cereals. The usual grain was spelt (-far-);(8) but different kinds of pulse, roots, and vegetables were also diligently cultivated.

Culture of the Vine

That the culture of the vine was not introduced for the first time into Italy by Greek settlers,(9) is shown by the list of the festivals of the Roman community which reaches back to a time preceding the Greeks, and which presents three wine-festivals to be celebrated in honour of "father Jovis," not in honour of the wine-god of more recent times who was borrowed from the Greeks, the "father deliverer." The very ancient legend which represents Mezentius king of Caere as levying a wine-tax from the Latins or the Rutuli, and the various versions of the widely-spread Italian story which affirms that the Celts were induced to cross the Alps in consequence of their coming to the knowledge of the noble fruits of Italy, especially of the grape and of wine, are indications of the pride of the Latins in their glorious vine, the envy of all their neighbours. A careful system of vine-husbandry was early and generally inculcated by the Latin priests. In Rome the vintage did not begin until the supreme priest of the community, the -flamen- of Jupiter, had granted permission for it and had himself made a beginning; in like manner a Tusculan ordinance forbade the sale of new wine, until the priest had proclaimed the festival of opening the casks. The early prevalence of the culture of the vine is likewise attested not only by the general adoption of wine-libations in the sacrificial ritual, but also by the precept of the Roman priests promulgated as a law of king Numa, that men should present in libation to the gods no wine obtained from uncut grapes; just as, to introduce the beneficial practice of drying the grain, they prohibited the offering of grain undried.

Culture of the Olive

The culture of the olive was of later introduction, and certainly was first brought to Italy by the Greeks.(10) The olive is said to have been first planted on the shores of the western Mediterranean towards the close of the second century of the city; and this view accords with the fact that the olive-branch and the olive occupy in the Roman ritual a place very subordinate to the juice of the vine. The esteem in which both noble trees were held by the Romans is shown by the vine and the olive-tree which were planted in the middle of the Forum, not far from the Curtian lake.

The Fig

The principal fruit-tree planted was the nutritious fig, which was probably a native of Italy. The legend of the origin of Rome wove its threads most closely around the old fig-trees, several of which stood near to and in the Roman Forum.(11)

Management of the Farm

It was the farmer and his sons who guided the plough, and performed generally the labours of husbandry: it is not probable that slaves or free day-labourers were regularly employed in the work of the ordinary farm. The plough was drawn by the ox or by the cow; horses, asses, and mules served as beasts of burden. The rearing of cattle for the sake of meat or of milk did not exist at all as a distinct branch of husbandry, or was prosecuted only to a very limited extent, at least on the land which remained the property of the clan; but, in addition to the smaller cattle which were driven out together to the common pasture, swine and poultry, particularly geese, were kept at the farm-yard. As a general rule, there was no end of ploughing and re-ploughing: a field was reckoned imperfectly tilled, in which the furrows were not drawn so close that harrowing could be dispensed with; but the management was more earnest than intelligent, and no improvement took place in the defective plough or in the imperfect processes of reaping and of threshing. This result is probably attributable rather to the scanty development of rational mechanics than to the obstinate clinging of the farmers to use and wont; for mere kindly attachment to the system of tillage transmitted with the patrimonial soil was far from influencing the practical Italian, and obvious improvements in agriculture, such as the cultivation of fodder-plants and the irrigation of meadows, may have been early adopted from neighbouring peoples or independently developed—Roman literature itself in fact began with the discussion of the theory of agriculture. Welcome rest followed diligent and judicious labour; and here too religion asserted her right to soothe the toils of life even to the humble by pauses for recreation and for freer human movement and intercourse. Every eighth day (-nonae-), and therefore on an average four times a month, the farmer went to town to buy and sell and transact his other business. But rest from labour, in the strict sense, took place only on the several festival days, and especially in the holiday-month after the completion of the winter sowing (-feriae sementivae-): during these set times the plough rested by command of the gods, and not the farmer only, but also his slave and his ox, reposed in holiday idleness.

Such, probably, was the way in which the ordinary Roman farm was cultivated in the earliest times. The next heirs had no protection against bad management except the right of having the spendthrift who squandered his inherited estate placed under wardship as if he were a lunatic.(12) Women moreover were in substance divested of their personal right of disposal, and, if they married, a member of the same clan was ordinarily assigned as husband, in order to retain the estate within the clan. The law sought to check the overburdening of landed property with debt partly by ordaining, in the case of a debt secured over the land, the provisional transference of the ownership of the object pledged from the debtor to the creditor, partly, in the case of a simple loan, by the rigour of the proceedings in execution which speedily led to actual bankruptcy; the latter means however, as the sequel will show, attained its object but very imperfectly. No restriction was imposed by law on the free divisibility of property. Desirable as it might be that co-heirs should remain in the undivided possession of their heritage, even the oldest law was careful to keep the power of dissolving such a partnership open at any time to any partner; it was good that brethren should dwell together in peace, but to compel them to do so was foreign to the liberal spirit of Roman law. The Servian constitution moreover shows that even in the regal period of Rome there were not wanting cottagers and garden-proprietors, with whom the mattock took the place of the plough. It was left to custom and the sound sense of the population to prevent excessive subdivision of the soil; and that their confidence in this respect was not misplaced and the landed estates ordinarily remained entire, is proved by the universal Roman custom of designating them by permanent individual names. The community exercised only an indirect influence in the matter by the sending forth of colonies, which regularly led to the establishment of a number of new full hides, and frequently doubtless also to the suppression of a number of cottage holdings, the small landholders being sent forth as colonists.

Landed Proprietors

It is far more difficult to perceive how matters stood with landed property on a larger scale. The fact that such larger properties existed to no inconsiderable extent, cannot be doubted from the early development of the -equites-, and may be easily explained partly by the distribution of the clan-lands, which of itself could not but call into existence a class of larger landowners in consequence of the necessary inequality in the numbers of the persons belonging to the several clans and participating in the distribution, and partly by the abundant influx of mercantile capital to Rome. But farming on a large scale in the proper sense, implying a considerable establishment of slaves, such as we afterwards meet with at Rome, cannot be supposed to have existed during this period. On the contrary, to this period we must refer the ancient definition, which represents the senators as called fathers from the fields which they parcelled out among the common people as a father among his children; and originally the landowner must have distributed that portion of his land which he was unable to farm in person, or even his whole estate, into little parcels among his dependents to be cultivated by them, as is the general practice in Italy at the present day. The recipient might be the house-child or slave of the granter; if he was a free man, his position was that which subsequently went by the name of "occupancy on sufferance" (-precarium-). The recipient retained his occupancy during the pleasure of the granter, and had no legal means of protecting himself in possession against him; on the contrary, the granter could eject him at any time when he pleased. The relation did not necessarily involve any payment on the part of the person who had the usufruct of the soil to its proprietor; but such a payment beyond doubt frequently took place and may, as a rule, have consisted in the delivery of a portion of the produce. The relation in this case approximated to the lease of subsequent times, but remained always distinguished from it partly by the absence of a fixed term for its expiry, partly by its non-actionable character on either side and the legal protection of the claim for rent depending entirely on the lessor's right of ejection. It is plain that it was essentially a relation based on mutual fidelity, which could not subsist without the help of the powerful sanction of custom consecrated by religion; and this was not wanting. The institution of clientship, altogether of a moral-religious nature, beyond doubt rested fundamentally on this assignation of the profits of the soil. Nor was the introduction of such an assignation dependent on the abolition of the system of common tillage; for, just as after this abolition the individual, so previous to it the clan might grant to dependents a joint use of its lands; and beyond doubt with this very state of things was connected the fact that the Roman clientship was not personal, but that from the outset the client along with his clan entrusted himself for protection and fealty to the patron and his clan. This earliest form of Roman landholding serves to explain how there sprang from the great landlords in Rome a landed, and not an urban, nobility. As the pernicious institution of middlemen remained foreign to the Romans, the Roman landlord found himself not much less chained to his land than was the tenant and the farmer; he inspected and took part in everything himself, and the wealthy Roman esteemed it his highest praise to be reckoned a good landlord. His house was in the country; in the city he had only a lodging for the purpose of attending to his business there, and perhaps of breathing the purer air that prevailed there during the