Niebuhr's lectures on Roman history, Vol. 1 (of 3)Niebuhr, Barthold Georg
History
Niebuhr's lectures on Roman history, Vol. 1 (of 3)
Niebuhr, Barthold Georg
Rome -- History
This _jus agrarium_ is of so much the greater importance for me as it
first led me to critical researches on Roman history, whilst before
that I had occupied myself more with Greek antiquities. When as a
youth I read Plutarch’s parallels and Appian, the system of the _lex
agraria_ was quite a riddle to me. It was thought to have really been
a violation of property, which it was to limit to a certain standard,
so that he who had more than five hundred _jugera_ was deprived of
the surplus, by which means an increase of the plebeian holdings was
created at the expense of the patrician proprietors. This exposition
of the law in such an extreme sense met with much applause. From
Machiavell, as he lived in a revolutionary age, and in his opinion the
end sanctified the means; and not less from Montesquieu on the other
hand, who looked upon the repetition of the past as a thing which
was out of the question, since in his time a revolution was still as
far off as possible. His example shows how bold speculative minds
may become in relations which are unknown to them, and which seem
impossible. At that time, revolutionary ideas, in an apparently quite
innocent manner, were generally current, even among men who in the
revolution itself went over to the extreme opposite side.
As Plutarch and Appian expressly state that the law applied to the γῆ
δημοσία only, it was evident that something else must have been meant
by it. The first who thought here of the _ager publicus_ was Heyne, in
a programme the occasion for which was taken from the revolutionary
confiscations; yet the question, What then was the _ager publicus_?
was not cleared up, as Heyne so often had a general notion of the
truth which he but rarely worked out. Afterwards also, the historical
writers who treated of the Gracchi were still completely in the dark
with regard to it. Once upon a time, when I did not yet see my way
into these riddles, I asked the great F. A. Wolf his opinion on it.
Yet he, with all the distinguished qualities of his mind, had this
fault, that he sought to have the credit of knowing every thing, and
then gave himself the air of not wishing to commit himself. He too did
not know how to get over this difficulty. I was brought to the subject
by chance. In Holstein at that time bondage was abolished. Instead of
the peasants, serfs as well as freemen, having hereditary abodes on
the estates as formerly, their possessions were taken from them, and
changed into tenant farms, whilst they themselves were arbitrarily
transferred to small and worse farms. This was quite abominable. Even
where there were no serfs, the same measures were now to be enforced.
I called to Heaven against this injustice, and came to raise the
question,--“What right have they to do this?” On this occasion I was
led to inquire into the nature of tenure at will, and traced it among
various nations; and this gave me the key to the Roman _jus agrarium_.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account