《what is property》

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what is property- 第76部分


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ictorious legion。  But it was no longer the ager publicus only; it was all Italy that lay at the mercy of the legions。  The ager publicus disappeared almost entirely; 。 。 。 but the cause of the evilaccumulated propertybecame more potent than ever。〃 (Laboulaye:  History of Property。)


The author whom I quote does not tell us why this division of territory which followed civil wars did not arrest the encroachments of accumulated property; the omission is easily supplied。  Land is not the only requisite for cultivation; a working…stock is also necessary;animals; tools; harnesses; a house; an advance; &c。  Where did the colonists; discharged by the dictator who rewarded them; obtain these things?  From the purse of the usurers; that is; of the patricians; to whom all these lands finally returned; in consequence of the rapid increase of usury; and the seizure of estates。  Sallust; in his account of the conspiracy of Catiline; tells us of this fact。  The conspirators were old soldiers of Sylla; who; as a reward for their services; had received from him lands in Cisalpine Gaul; Tuscany; and other parts of the peninsula Less than twenty years had elapsed since these colonists; free of debt; had left the service and commenced farming; and already they were crippled by usury; and almost ruined。  The poverty caused by the exactions of creditors was the life of this conspiracy which well…nigh inflamed all Italy; and which; with a worthier chief and fairer means; possibly would have succeeded。  In Rome; the mass of the people were favorable to the conspirators_cuncta plebes Catilinae incepta probabat;_ the allies were weary of the patricians' robberies; deputies from the Allobroges (the Savoyards) had come to Rome to appeal to the Senate in behalf of their fellow…citizens involved in debt; in short; the complaint against the large proprietors was universal。  〃We call men and gods to witness;〃 said the soldiers of Catiline; who were Roman citizens with not a slave among them; 〃that we have taken arms neither against the country; nor to attack any one; but in defence of our lives and liberties。  Wretched; poor; most of us deprived of country; all of us of fame and fortune; by the violence and cruelty of usurers; we have no rights; no property; no liberty。〃'1'

{NOTE: footnote needs spell…checked} '1'  _Dees hominesque  testamur;  nos arma neque  contra patriam cepisse neque quo periculum aliis  faceremus; sed uti corpora nostra ab injuria tuta forent; qui miseri; egentes; violentia atque crudelitate foeneraterum; plerique patriae; sed omncsfarna atque fortunis expertes sumus; neque cuiquam nostrum licuit; more majorum; lege uti; neque; amisso patrimonio; libferum corpus habere。_Sallus: Bellum Catilinarium。




The bad reputation of Catiline; and his atrocious designs; the imprudence of his accomplices; the treason of several; the strategy of Cicero; the angry outbursts of Cato; and the terror of the Senate; baffled this enterprise; which; in furnishing a precedent for expeditions against the rich; would perhaps have saved the republic; and given peace to the world。  But Rome could not evade her destiny; the end of her expiations had not come。  A nation never was known to anticipate its punishment by a sudden and unexpected conversion。  Now; the long…continued crimes of the Eternal City could not be atoned for by the massacre of a few hundred patricians。  Catiline came to stay divine vengeance; therefore his conspiracy failed。

The encroachment of large proprietors upon small proprietors; by the aid of usury; farm…rent; and profits of all sorts; was common throughout the empire。  The most honest citizens invested their money at high rates of interest。'1'  Cato; Cicero; Brutus; all the stoics so noted for their frugality; _viri frugi_; Seneca; the teacher of virtue;levied enormous taxes in the provinces; under the name of usury; and it is something remarkable; that the last defenders of the republic; the proud Pompeys; were all usurious aristocrats; and oppressors of the poor。  But the battle of Pharsalus; having killed men only; without touching institutions; the encroachments of the large domains became every day more active。  Ever since the birth of Christianity; the Fathers have opposed this invasion with all their might。  Their writings are filled with burning curses upon this crime of usury; of which Christians are not always innocent。

'1'  Fifty; sixty; and eighty per cent。Course of M。 Blanqui。




St。 Cyprian complains of certain bishops of his time; who; absorbed in disgraceful stock…jobbing operations; abandoned their churches; and went about the provinces appropriating lands by artifice and fraud; while lending money and piling up interests upon interests。'1'  Why; in the midst of this passion for accumulation; did not the possession of the public land; like private property; become concentrated in a few hands?


{NOTE: footnote needs spell…checked} '1'  _Episcopi plurimi; quos et  hortamento esse oportet caeteris et exemplo; divina prouratione contempta; procuratores rerum saeularium fieri; derelicta cathedra; plebe leserta; per alienas provincias oberrantes; negotiationis quaestuosae nundinas au uucu…; pari; esurientibus in ecclesia fratribus habere argentum largitur velle;  fundos insidi。sis fraudibus rapere; usuris multiplicantibus faenus augere。_Cyprian: De Lapsis。

{NOTE: what does '2'refer to? This is at bottom of pg 341 in MS} '2'  In this passage; St。 Cyprian alludes to lending on mortgages and to compound interest。



By law; the domain of the State was inalienable; and consequently possession was always revocable; but the edict of the praetor continued it indefinitely; so that finally the possessions of the patricians were transformed into absolute property; though the name; possessions; was still applied to them。  This conversion; instigated by senatorial avarice; owed its accomplishment to the most deplorable and indiscreet policy。  If; in the time of Tiberius Gracchus; who wished to limit each citizen's possession of the ager publicus to five hundred acres; the amount of this possession had been fixed at as much as one family could cultivate; and granted on the express condition that the possessor should cultivate it himself; and should lease it to no one; the empire never would have been desolated by large estates; and possession; instead of increasing property; would have absorbed it。  On what; then; depended the establishment and maintenance of equality in conditions and fortunes?  On a more equitable division of the ager publicus; a wiser distribution of the right of possession。

I insist upon this point; which is of the utmost importance; because it gives us an opportunity to examine the history of this individual possession; of which I said so much in my first memoir; and which so few of my readers seem to have understood。  The Roman republichaving; as it did; the power to dispose absolutely of its territory; and to impose conditions upon possessorswas nearer to liberty and equality than any nation has been since。  If the Senate had been intelligent and just; if; at the time of the retreat to the Mons Sacer; instead of the ridiculous farce enacted by Menenius Agrippa; a solemn renunciation of the right to acquire had been made by each citizen on attaining his share of possessions;the republic; based upon equality of possessions and the duty of labor; would not; in attaining its wealth; have degenerated in morals; Fabricius would have 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 posse
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