The History of Rome, Book I: The Period Anterior to the Abolition of the MonarchyMommsen, Theodor
History
The History of Rome, Book I: The Period Anterior to the Abolition of the Monarchy
Mommsen, Theodor
Rome -- History
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
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