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
The general notion of the Italian nations was this, that there is an
indissoluble relation between the land and the right of citizenship;
that every kind of ownership in the soil is derived from the state
alone. The soil is merely the substratum on which the preconceived
idea of the civil organization rests. There is a great similarity in
this to the feudal system. According to strict feudal law, there is
no land whatever but what has a liege-lord. All fiefs derive from the
prince as the lord paramount, and then follow the mesne tenures. In
point of fact, this idea has never indeed been carried out in its full
meaning. Another analogous case is in the East, especially in the East
Indies, where we find the sovereign the real owner of the soil, and the
peasant’s tenure to be only at will (_precario_). Thus also among the
Italian nations, all right of property in the soil is from the soil.
We read in Appian a statement, of which it is evident that it has not
sprung from his own intellectual resources, but that it is an extract
from the history of the Gracchi by Posidonius, who was not inferior to
Polybius, and whom he uses as his chief authority for that period, as
he did Dionysius before, and then Polybius, Fabius, and at last, in
all probability, Rutilius. Now, if we see it mentioned by him, that
the _ager publicus_ was partly turned into colonies and demesnes, and
partly sold or let on lease (the latter notice is found in Plutarch
only), we may ask ourselves, How was it possible that difficulties
should have arisen on this subject? The Roman republic had only to lay
down the law, that no one should possess more than a certain number of
lots, and all the evil consequences were prevented. The fact is that
Appian and Plutarch misunderstood the ambiguous expression of their
predecessor. There is no question of any letting on lease; but a tax
was laid on the estates, the tithe (_decuma_), from corn; the fifth
(_quinta_), from fruit; and from every thing else in proportion. If,
then, the corn was taken in kind, the state was obliged to establish
great storehouses; for the cattle it had to pay the pasturage; so that
of course the revenue was different in different years. A new system
was therefore adopted of letting out the revenue from those taxes to
_publicani_. The political forms of the Romans have almost always an
analogy in the Greek constitutions, and so has often the civil law;
but with regard to the _jus agrarium_ the Romans stand alone. The
Greek state made conquests and founded colonies, but the _possessio
agri publici_ is unknown to that people: in one instance only does any
thing like it happen. We see from Xenophon’s Anabasis that he devoted
an estate at Scillus to the Artemis of Ephesus; and that the temple
did not cause the estate to be let on lease, but received the tithe
from it, and that this was farmed. As the victim was never offered
as ὁλόκαυστον, but a part of it only was burnt in honour of the god;
Public-domain text, read in full here on John Shaqi.
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