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It is obvious that the products which Italy had not originally are for the most part those very products which seem to us truly "Italian;" and if modern Germany, as compared with the Germany visited by Caesar, may be called a southern land, Italy has since in no less degree acquired a "more southern" aspect.

145

II. III. Licinio-Sextian Laws

146

According to Cato, de R. R, 137 (comp. 16), in the case of a lease with division of the produce the gross produce of the estate, after deduction of the fodder necessary for the oxen that drew the plough, was divided between lessor and lessee (-colonus partiarius-) in the proportions agreed upon between them. That the shares were ordinarily equal may be conjectured from the analogy of the French -bail a cheptel- and the similar Italian system of half-and-half leases, as well as from the absence of all trace of any other scheme of partition. It is erroneous to refer to the case of the -politor-, who got the fifth of the grain or, if the division took place before thrashing, from the sixth to the ninth sheaf (Cato, 136, comp. 5); he was not a lessee sharing the produce, but a labourer assumed in the harvest season, who received his daily wages according to that contract of partnership (III. XII. Spirit of the System).

147

The lease lirst assumed real importance when the Roman capitalists began to acquire transmarine possessions on a great scale; then indeed they knew how to value it, when a temporary lease was continued through several generations (Colum. i. 7, 3).

148

That the space between the vines was occupied not by grain, but only at the most by such fodder plants as easily grew in the shade, is evident from Cato (33, comp. 137), and accordingly Columella (iii. 3) calculates on no other accessory gain in the case of a vineyard except the produce of the young shoots sold. On the other hand, the orchard (-arbustum-) was sown like any corn field (Colum. ii. 9, 6). It was only where the vine was trained on living trees that corn was cultivated in the intervals between them.

149

Mago, or his translator (in Varro, R. R., i. 17, 3), advises that slaves should not be bred, but should be purchased not under 22 years of age; and Cato must have had a similar course in view, as the personal staff of his model farm clearly shows, although he does not exactly say so. Cato (2) expressly counsels the sale of old and diseased slaves. The slave-breeding described by Columella (I. I. Italian History), under which female slaves who had three sons were exempted from labour, and the mothers of four sons were even manumitted, was doubtless an independent speculation rather than a part of the regular management of the estate—similar to the trade pursued by Cato himself of purchasing slaves to be trained and sold again (Plutarch, Cat. Mai. 21). The characteristic taxation mentioned in this same passage probably has reference to the body of servants properly so called (-familia urbana-).

150

In this restricted sense the chaining of slaves, and even of the sons of the family (Dionys. ii. 26), was very old; and accordingly chained field-labourers are mentioned by Cato as exceptions, to whom, as they could not themselves grind, bread had to be supplied instead of grain (56)Even in the times of the empire the chaining of slaves uniformly presents itself as a punishment inflicted definitively by the master, provisionally by the steward (Colum. i. 8; Gai. i. 13; Ulp. i. ii). If, notwithstanding, the tillage of the fields by means of chained slaves appeared in subsequent times as a distinct system, and the labourers' prison (-ergastulum-)—an underground cellar with window-aperatures numerous but narrow and not to be reached from the ground by the hand (Colum. i. 6)—became a necessary part of the farm- buildings, this state of matters was occasioned by the fact that the position of the rural serfs was harder than that of other slaves and therefore those slaves were chiefly taken for it, who had, or seemed to have, committed some offence. That cruel masters, moreover, applied the chains without any occasion to do so, we do not mean to deny, and it is clearly indicated by the circumstance that the law- books do not decree the penalties applicable to slave transgressors against those in chains, but prescribe the punishment of the half- chained. It was precisely the same with branding; it was meant to be, strictly, a punishment; but the whole flock was probably marked (Diodor. xxxv. 5; Bernays, —Phokytides—, p. xxxi.).

151

Cato does not expressly say this as to the vintage, but Varro does so (I. II. Relation of the Latins to the Umbro-Samnites), and it is implied in the nature of the case. It would have been economically an error to fix the number of the slaves on a property by the standard of the labours of harvest; and least of all, had such been the case, would the grapes have been sold on the tree, which yet was frequently done (Cato, 147).

152

Columella (ii. 12, 9) reckons to the year on an average 45 rainy days and holidays; with which accords the statement of Tertullian (De Idolol. 14), that the number of the heathen festival days did not come up to the fifty days of the Christian festal season from Easter to Whitsunday. To these fell to be added the time of rest in the middle of winter after the completion of the autumnal bowing, which Columella estimates at thirty days. Within this time, doubtless, the moveable "festival of seed-sowing" (-feriae sementivae-; comp. i. 210 and Ovid. Fast, i. 661) uniformly occurred. This month of rest must not be confounded with the holidays for holding courts in the season of the harvest (Plin. Ep. viii. 21, 2, et al.) and vintage.

153

III. I. The Carthaginian Dominion in Africa

154

The medium price of grain in the capital may be assumed at least for the seventh and eighth centuries of Rome at one -denarius- for the Roman -modius-, or 2 shillings 8 pence per bushel of wheat, for which there is now paid (according to the average of the prices in the provinces of Brandenburg and Pomerania from 1816 to 1841) about 3 shillings 5 pence. Whether this not very considerable difference between the Roman and the modern prices depends on a rise in the value of corn or on a fall in the value of silver, can hardly be decided.

It is very doubtful, perhaps, whether in the Rome of this and of later times the prices of corn really fluctuated more than is the case in modern times. If we compare prices like those quoted above, of 4 pence and 5 pence for the bushel and a half, with those of the worst times of war-dearth and famine—such as in the second Punic war when the same quantity rose to 9 shillings 7 pence (1 -medimnus- = 15 – drachmae—; Polyb. ix. 44), in the civil war to 19 shillings 2 pence (1 -modius- = 5 -denarii-; Cic. Verr. iii. 92, 214), in the great dearth under Augustus, even to 21 shillings 3 pence (5 -modii- =27 1/2 -denarii-; Euseb. Chron. p. Chr. 7, Scal.)—the difference is indeed immense; but such extreme cases are but little instructive, and might in either direction be found recurring under the like conditions at the present day.

155

II. VIII. Farming of Estates

156

Accordingly Cato calls the two estates, which he describes, summarily "olive-plantation" (-olivetum-) and "vineyard" (-vinea-), although not wine and oil merely, but grain also and other products were cultivated there. If indeed the 800 -culei-, for which the possessor of the vineyard is directed to provide himself with casks (11), formed the maximum of a year's vintage, the whole of the 100 -jugera- must have been planted with vines, because a produce of 8 -culei- per -jugerum- was almost unprecedented (Colum. iii. 3); but Varro (i. 22) understood, and evidently with reason, the statement to apply to the case of the possessor of a vineyard who found it necessary to make the new vintage before he had sold the old.

157

That the Roman landlord made on an average 6 per cent from his capital, may be inferred from Columella, iii. 3, 9. We have a more precise estimate of the expense and produce only in the case of the vine yard, for which Columella gives the following calculation of the cost per -jugerum-:

Price of the ground 1000 sesterces. Price of the slaves who work it 1143 (proportion to-jugerum-) Vines and stakes 2000 Loss of interest during the first two years 497 – Total 4640 sesterces= 47 pounds.

He calculates the produce as at any rate 60 -amphorae-, worth at least 900 sesterces (9 pounds), which would thus represent a return of 17 per cent. But this is somewhat illusory, as, apart from bad harvests, the cost of gathering in the produce (III. XII. Spirit of the System), and the expenses of the maintenance of the vines, stakes, and slaves, are omitted from the estimate.

The gross produce of meadow, pasture, and forest is estimated by the same agricultural writer as, at most, 100 sesterces per -jugerum-, and that of corn land as less rather than more: in fact, the average return of 25 -modii- of wheat per -jugerum- gives, according to the average price in the capital of 1 -denarius- per -modius-, not more than 100 sesterces for the gross proceeds, and at the seat of production the price must have been still lower. Varro (iii. 2) reckons as a good ordinary gross return for a larger estate 150 sesterces per -jugerum-. Estimates of the corresponding expense have not reached us: as a matter of course, the management in this instance cost much less than in that of a vineyard.

All these statements, moreover, date from a century or more after Gate's death. From him we have only the general statement that the breeding of cattle yielded a better return than agriculture (ap. Cicero, De Off. ii. 25, 89; Colum. vi. praef. 4, comp. ii. 16, 2; Plin. H. N. xviii. 5, 30; Plutarch, Cato, 21); which of course is not meant to imply that it was everywhere advisable to convert arable land into pasture, but is to be understood relatively as signifying that the capital invested in the rearing of flocks and herds on mountain pastures and other suitable pasture-land yielded, as compared with capital invested in cultivating Suitable corn land, a higher interest. Perhaps the circumstance has been also taken into account in the calculation, that the want of energy and intelligence in the landlord operates far less injuriously in the case of pasture-land than in the highly-developed culture of the vine and olive. On an arable estate, according to Cato, the returns of the soil stood as follows in a descending series:—1, vineyard; 2, vegetable garden; 3, osier copse, which yielded a large return in consequence of the culture of the vine; 4, olive plantation; 5, meadow yielding hay; 6, corn fields; 7, copse; 8, wood for felling; 9, oak forest for forage to the cattle; all of which nine elements enter into the scheme of husbandry for Cato's model estates.

The higher net return of the culture of the vine as compared with that of corn is attested also by the fact, that under the award pronounced in the arbitration between the city of Genua and the villages tributary to it in 637 the city received a sixth of wine, and a twentieth of grain, as quitrent.

158

III. XII. Spirit of the System

159

III. XI. As to the Management of the Finances

160

The industrial importance of the Roman cloth-making is evident from the remarkable part which is played by the fullers in Roman comedy. The profitable nature of the fullers' pits is attested by Cato (ap. Plutarch, Cat 21).

161

III. III. Organization of the Provinces

162

III. III. Property

163

III. VII. The State of Culture in Spain

164

III. I. Comparison between Carthage and Rome

165

III. VI. Pressure of the War

166

There were in the treasury 17,410 Roman pounds of gold, 22,070 pounds of uncoined, and 18,230 pounds of coined, silver. The legal ratio of gold to silver was: 1 pound of gold = 4000 sesterces, or 1: 11.91.

167

On this was based the actionable character of contracts of buying, hiring, and partnership, and, in general, the whole system of non-formal actionable contracts.

168

The chief passage as to this point is the fragment of Cato in Gellius, xiv. 2. In the case of the -obligatio litteris- also, i. e. a claim based solely on the entry of a debt in the account-book of the creditor, this legal regard paid to the personal credibility of the party, even where his testimony in his own cause is concerned, affords the key of explanation; and hence it happened that in later times, when this mercantile repute had vanished from Roman life, the -obligatio litteris-, while not exactly abolished, fell of itself into desuetude.

169

In the remarkable model contract given by Cato (141) for the letting of the olive harvest, there is the following paragraph:—

"None [of the persons desirous to contract on the occasion of letting] shall withdraw, for the sake of causing the gathering and pressing of the olives to be let at a dearer rate; except when [the joint bidder] immediately names [the other bidder] as his partner. If this rule shall appear to have been infringed, all the partners [of the company with which the contract has been concluded] shall, if desired by the landlord or the overseer appointed by him, take an oath [that they have not conspired in this way to prevent competition]. If they do not take the oath, the stipulated price is not to be paid." It is tacitly assumed that the contract is taken by a company, not by an individual capitalist.

170

III. XIII. Religious Economy

171

Livy (xxi. 63; comp. Cic. Verr. v. 18, 45) mentions only the enactment as to the sea-going vessels; but Asconius (in Or. in toga cand. p. 94, Orell.) and Dio. (lv. 10, 5) state that the senator was also forbidden by law to undertake state-contracts (-redemptiones-); and, as according to Livy "all speculation was considered unseemly for a senator," the Claudian law probably reached further than he states.

172

Cato, like every other Roman, invested a part of his means in the breeding of cattle, and in commercial and other undertakings. But it was not his habit directly to violate the laws; he neither speculated in state-leases—which as a senator he was not allowed to do—nor practised usury. It is an injustice to charge him with a practice in the latter respect at variance with his theory; the -fenus nauticum-, in which he certainly engaged, was not a branch of usury prohibited by the law; it really formed an essential part of the business of chartering and freighting vessels.

173

That —Asiagenus— was the original title of the hero of Magnesia and of his descendants, is established by coins and inscriptions; the fact that the Capitoline Fasti call him -Asiaticus- is one of several traces indicating that these have undergone a non-contemporary revision. The former surname can only he a corruption of —Asiagenus— —the form which later authors substituted for it—which signifies not the conqueror of Asia, but an Asiatic by birth.

174

II. VIII. Religion

175

[In the first edition of this translation I gave these lines in English on the basis of Dr. Mommsen's German version, and added in a note that I had not been able to find the original. Several scholars whom I consulted were not more successful; and Dr. Mommsen was at the time absent from Berlin. Shortly after the first edition appeared, I received a note from Sir George Cornewall Lewis informing me that I should find them taken from Florus (or Floridus) in Wernsdorf, Poetae Lat. Min. vol. iii. p. 487. They were accordingly given in the revised edition of 1868 from the Latin text Baehrens (Poet. Lat. Min. vol. iv. p. 347) follows Lucian Muller in reading -offucia-. —TR.]

176

A sort of -parabasis- in the -Curculio- of Plautus describes what went on in the market-place of the capital, with little humour perhaps, but with life-like distinctness.

-Conmonstrabo, quo in quemque hominem facile inveniatis loco,Ne nimio opere sumat operam, si quis conventum velitVel vitiosum vel sine vitio, vel probum vel inprobum.Qui perjurum convenire volt hominem, ito in comitium;Qui mendacem et gloriosum, apud Cloacinae sacrum.[Ditis damnosos maritos sub basilica quaerito.Ibidem erunt scorta exoleta quique stipulari solent.]Symbolarum conlatores apud forum piscarium.In foro infumo boni homines atque dites ambulant;In medio propter canalem ibi ostentatores meri.Confidentes garrulique et malevoli supra lacum,Qui alteri de nihilo audacter dicunt contumeliamEt qui ipsi sat habent quod in se possit vere dicier.Sub veteribus ibi sunt, qui dant quique accipiunt faenore.Pone aedem Castoris ibi sunt, subito quibus credas male.In Tusco vico ibi sunt homines, qui ipsi sese venditant.In Velabro vel pistorem vel lanium vel haruspicemVel qui ipsi vorsant, vel qui aliis, ut vorsentur, praebeant.Ditis damnosos maritos apud Leucadiam Oppiam.-

The verses in brackets are a subsequent addition, inserted after the building of the first Roman bazaar (570). The business of the baker (-pistor-, literally miller) embraced at this time the sale of delicacies and the providing accommodation for revellers (Festus, Ep. v. alicariae, p. 7, Mull.; Plautus, Capt. 160; Poen. i. a, 54; Trin. 407). The same was the case with the butchers. Leucadia Oppia may have kept a house of bad fame.

177

II. IX. The Roman National Festival

178

III. XIII. Religious Economy

179

A distinct set of Greek expressions, such as -stratioticus-, -machaera-, -nauclerus-, -trapezita-, -danista-, -drapeta-, – oenopolium-, -bolus-, -malacus-, -morus-, -graphicus-, -logus-, – apologus-, -techna-, -schema-, forms quite a special feature in the language of Plautus. Translations are seldom attached, and that only in the case of words not embraced in the circle of ideas to which those which we have cited belong; for instance, in the -Truculentus- —in a verse, however, that is perhaps a later addition (i. 1, 60) —we find the explanation: —phronesis— -est sapientia-. Fragments of Greek also are common, as in the -Casina-, (iii. 6, 9):

–Pragmata moi parecheis— – -Dabo- —mega kakon—, -ut opinor-.

Greek puns likewise occur, as in the -Bacchides- (240):

-opus est chryso Chrysalo-.

Ennius in the same way takes for granted that the etymological meaning of Alexandros and Andromache is known to the spectators (Varro, de L. L. vii. 82). Most characteristic of all are the half-Greek formations, such as -ferritribax-, -plagipatida-, -pugilice-, or in the -Miles Gloriosus- (213):

-Fuge! euscheme hercle astitit sic dulice et comoedice!-

180

III. VIII. Greece Free

181

One of these epigrams composed in the name of Flamininus runs thus:

—Zenos io kraipnaisi gegathotes ipposunaisiKouroi, io Spartas Tundaridai basileis,Aineadas Titos ummin upertatos opase doronEllenon teuxas paisin eleutherian.—

182

Such, e. g, was Chilo, the slave of Cato the Elder, who earned money en bis master's behalf as a teacher of children (Plutarch, Cato Mai. 20).

183

II. IX. Ballad-Singers

184

The later rule, by which the freedman necessarily bore the -praenomen- of his patron, was not yet applied in republican Rome.

185

II. VII. Capture of Tarentum

186

III. VI. Battle of Sena

187

One of the tragedies of Livius presented the line—

-Quem ego nefrendem alui Iacteam immulgens opem.-

The verses of Homer (Odyssey, xii. 16):

–oud ara Kirken ex Aideo elthontes elethomen, alla mal oka elth entunamene ama d amphipoloi pheron aute siton kai krea polla kai aithopa oinon eruthron.—

are thus interpreted:

-Topper citi ad aedis—venimus CircaeSimul duona coram(?)—portant ad navis,Milia dlia in isdem—inserinuntur.-

The most remarkable feature is not so much the barbarism as the thoughtlessness of the translator, who, instead of sending Circe to Ulysses, sends Ulysses to Circe. Another still more ridiculous mistake is the translation of —aidoioisin edoka— (Odyss. xv. 373) by -lusi- (Festus, Ep. v. affatim, p. ii, Muller). Such traits are not in a historical point of view matters of difference; we recognize in them the stage of intellectual culture which irked these earliest Roman verse-making schoolmasters, and we at the same time perceive that, although Andronicus was born in Tarentum, Greek cannot have been properly his mother-tongue.

188

Such a building was, no doubt, constructed for the Apollinarian games in the Flaminian circus in 575 (Liv. xl. 51; Becker, Top. p. 605); but it was probably soon afterwards pulled down again (Tertull. de Spect. 10).

189

In 599 there were still no seats in the theatre (Ritschl, Parerg. i. p. xviii. xx. 214; comp. Ribbeck, Trag. p. 285); but, as not only the authors of the Plautine prologues, but Plautus himself on various occasions, make allusions to a sitting audience (Mil. Glor. 82, 83; Aulul. iv. 9, 6; Triicul. ap. fin.; Epid. ap. fin.), most of the spectators must have brought stools with them or have seated themselves on the ground.

190

III. XI. Separation of Orders in the Theatre

191

Women and children appear to have been at all times admitted to the Roman theatre (Val. Max. vi. 3, 12; Plutarch., Quaest. Rom. 14; Cicero, de Har. Resp. 12, 24; Vitruv. v. 3, i; Suetonius, Aug. 44,&c.); but slaves were -de jure- excluded (Cicero, de Har. Resp. 12, 26; Ritschl. Parerg. i. p. xix. 223), and the same must doubtless have been the case with foreigners, excepting of course the guests of the community, who took their places among or by the side of the senators (Varro, v. 155; Justin, xliii. 5. 10; Sueton. Aug. 44).

192

III. XII. Moneyed Aristocracy

193

II. IX. Censure of Art

194

It is not necessary to infer from the prologues of Plautus (Cas. 17; Amph. 65) that there was a distribution of prizes (Ritschl, Parerg. i. 229); even the passage Trin. 706, may very well belong to the Greek original, not to the translator; and the total silence of the -didascaliae- and prologues, as well as of all tradition, on the point of prize tribunals and prizes is decisive.

195

The scanty use made of what is called the middle Attic comedy does not require notice in a historical point of view, since it was nothing but the Menandrian comedy in a less developed form. There is no trace of any employment of the older comedy. The Roman tragi-comedy—after the type of the -Amphitruo- of Plautus—was no doubt styled by the Roman literary historians -fabula Rhinthonica-; but the newer Attic comedians also composed such parodies, and it is difficult to see why the Ionians should have resorted for their translations to Rhinthon and the older writers rather than to those who were nearer to their own times.

196

III. VI In Italy

197

Bacch. 24; Trin. 609; True. iii. 2, 23. Naevius also, who in fact was generally less scrupulous, ridicules the Praenestines and Lanuvini (Com. 21, Ribb.). There are indications more than once of a certain variance between the Praenestines and Romans (Liv. xxiii. 20, xlii. i); and the executions in the time of Pyrrhus (ii. 18) as well as the catastrophe in that of Sulla, were certainly connected with this variance. —Innocent jokes, such as Capt. 160, 881, of course passed uncensured. —The compliment paid to Massilia in Cas. v. 4., i, deserves notice.

198

Thus the prologue of the -Cistellaria- concludes with the following words, which may have a place here as the only contemporary mention of the Hannibalic war in the literature that has come down to us:—

-Haec res sic gesta est. Bene valete, et vinciteVirtute vera, quod fecistis antidhac;Servate vostros socios, veteres et novos;Augete auxilia vostris iustis legibus;Perdite perduelles: parite laudem et laureamUt vobis victi Poeni poenas sufferant.-

The fourth line (-augete auxilia vostris iustis Iegibus-) has reference to the supplementary payments imposed on the negligent Latin colonies in 550 (Liv. xxix. 15; see ii. 350).

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