What is Property [171]
enjoyed the arts without controlling artists; and the conquests of the ancient Romans would have been the means of spreading civilization, instead of the series of murders and robberies that they were.
But property, having unlimited power to amass and to lease, was daily increased by the addition of new possessions. From the time of Nero, six individuals were the sole proprietors of one- half of Roman Africa. In the fifth century, the wealthy families had incomes of no less than two millions: some possessed as many as twenty thousand slaves. All the authors who have written upon the causes of the fall of the Roman republic concur.
M. Giraud of Aix[1] quotes the testimony of Cicero, Seneca, Plutarch, Olympiodorus, and Photius. Under Vespasian and Titus, Pliny, the naturalist, exclaimed: "Large estates have ruined Italy, and are ruining the provinces."
[1] "Inquiries concerning Property among the Romans."
But it never has been understood that the extension of property was effected then, as it is to-day, under the aegis of the law, and by virtue of the constitution. When the Senate sold captured lands at auction, it was in the interest of the treasury and of public welfare. When the patricians bought up possessions and property, they realized the purpose of the Senate's decrees; when they lent at high rates of interest, they took advantage of a legal privilege. "Property," said the lender, "is the right to enjoy even to the extent of abuse, _jus utendi et abutendi_; that is, the right to lend at interest,--to lease, to acquire, and then to lease and lend again." But property is also the right to exchange, to transfer, and to sell. If, then, the social condition is such that the proprietor, ruined by usury, may be compelled to sell his possession, the means of his subsistence, he will sell it; and, thanks to the law, accumulated property-- devouring and anthropophagous property--will be established.[1]
[1] "Its acquisitive nature works rapidly in the sleep of the law. It is ready, at the word, to absorb every thing. Witness the famous equivocation about the ox-hide which, when cut up into thongs, was large enough to enclose the site of Carthage. . . . The legend has reappeared several times since Dido. . . . Such is the love of man for the land. Limited by tombs, measured by the members of the human body, by the thumb, the foot, and the arm, it harmonizes, as far as possible, with the very proportions of man. Nor is be satisfied yet: he calls Heaven to witness that it is his; he tries to or his land, to give it the form of heaven. . . . In his titanic intoxication, he describes property in the very terms which he employs in describing the Almighty--_fundus_ _optimus maximus_. . . . He shall make it his couch, and they shall be separated no more,--{GREEK, ` nf g
h g g ."}--Michelet:Origin of French Law.
The immediate and secondary cause of the decline of the Romans was, then, the internal dissensions between the two orders of the republic,--the patricians and the plebeians,--dissensions which gave rise to civil wars, proscriptions, and loss of liberty, and finally led to the empire; but the primary and mediate cause of their decline was the establishment by Numa of the institution of property.
I end with an extract from a work which I have quoted several times already, and which has recently received a prize from the Academy of Moral and Political Sciences:--
"The concentration of property," says M. Laboulaye, "while causing extreme poverty, forced the emperors to feed and amuse the people, that they might forget their misery. _Panem et circenses:_ that was the Roman law in regard to the poor; a dire and perhaps a necessary evil wherever a landed aristocracy exists.
"To feed these hungry mouths, grain was brought from Africa and the provinces, and distributed gratuitously among the needy. In the time of Caesar, three hundred and twenty thousand people were thus fed. Augustus saw that such a measure led directly to the destruction of husbandry; but to abolish
But property, having unlimited power to amass and to lease, was daily increased by the addition of new possessions. From the time of Nero, six individuals were the sole proprietors of one- half of Roman Africa. In the fifth century, the wealthy families had incomes of no less than two millions: some possessed as many as twenty thousand slaves. All the authors who have written upon the causes of the fall of the Roman republic concur.
M. Giraud of Aix[1] quotes the testimony of Cicero, Seneca, Plutarch, Olympiodorus, and Photius. Under Vespasian and Titus, Pliny, the naturalist, exclaimed: "Large estates have ruined Italy, and are ruining the provinces."
[1] "Inquiries concerning Property among the Romans."
But it never has been understood that the extension of property was effected then, as it is to-day, under the aegis of the law, and by virtue of the constitution. When the Senate sold captured lands at auction, it was in the interest of the treasury and of public welfare. When the patricians bought up possessions and property, they realized the purpose of the Senate's decrees; when they lent at high rates of interest, they took advantage of a legal privilege. "Property," said the lender, "is the right to enjoy even to the extent of abuse, _jus utendi et abutendi_; that is, the right to lend at interest,--to lease, to acquire, and then to lease and lend again." But property is also the right to exchange, to transfer, and to sell. If, then, the social condition is such that the proprietor, ruined by usury, may be compelled to sell his possession, the means of his subsistence, he will sell it; and, thanks to the law, accumulated property-- devouring and anthropophagous property--will be established.[1]
[1] "Its acquisitive nature works rapidly in the sleep of the law. It is ready, at the word, to absorb every thing. Witness the famous equivocation about the ox-hide which, when cut up into thongs, was large enough to enclose the site of Carthage. . . . The legend has reappeared several times since Dido. . . . Such is the love of man for the land. Limited by tombs, measured by the members of the human body, by the thumb, the foot, and the arm, it harmonizes, as far as possible, with the very proportions of man. Nor is be satisfied yet: he calls Heaven to witness that it is his; he tries to or his land, to give it the form of heaven. . . . In his titanic intoxication, he describes property in the very terms which he employs in describing the Almighty--_fundus_ _optimus maximus_. . . . He shall make it his couch, and they shall be separated no more,--{GREEK, ` nf g
h g g ."}--Michelet:Origin of French Law.
The immediate and secondary cause of the decline of the Romans was, then, the internal dissensions between the two orders of the republic,--the patricians and the plebeians,--dissensions which gave rise to civil wars, proscriptions, and loss of liberty, and finally led to the empire; but the primary and mediate cause of their decline was the establishment by Numa of the institution of property.
I end with an extract from a work which I have quoted several times already, and which has recently received a prize from the Academy of Moral and Political Sciences:--
"The concentration of property," says M. Laboulaye, "while causing extreme poverty, forced the emperors to feed and amuse the people, that they might forget their misery. _Panem et circenses:_ that was the Roman law in regard to the poor; a dire and perhaps a necessary evil wherever a landed aristocracy exists.
"To feed these hungry mouths, grain was brought from Africa and the provinces, and distributed gratuitously among the needy. In the time of Caesar, three hundred and twenty thousand people were thus fed. Augustus saw that such a measure led directly to the destruction of husbandry; but to abolish