第 77 节
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管他三七二十一 更新:2021-02-20 05:36 字数:9322
he 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 propertywill 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 these distributions was to put a weapon within the reach of the first aspirant for power。
The emperor shrank at the thought。
〃While grain was gratuitous; agriculture was impossible。 Tillage gave way to pasturage; another cause of depopulation; even among slaves。
〃Finally; luxury; carried further and further every day; covered the soil of Italy with elegant villas; which occupied whole cantons。 Gardens and groves replaced the fields; and the free population fled to the towns。 Husbandry disappeared almost entirely; and with husbandry the husbandman。 Africa furnished the wheat; and Greece the wine。 Tiberius complained bitterly of this evil; which placed the lives of the Roman people at the mercy of the winds and waves: that was his anxiety。 One day later; and three hundred thousand starving men walked the streets of Rome: that was a revolution。
〃This decline of Italy and the provinces did not stop。 After the reign of Nero; depopulation commenced in towns as noted as Antium and Tarentum。 Under the reign of Pertinax; there was so much desert land that the emperor abandoned it; even that which belonged to the treasury; to whoever would cultivate it; besides exempting the farmers from taxation for a period of ten years。 Senators were compelled to invest one…third of their fortunes in real estate in Italy; but this measure served only to increase the evil which they wished to cure。 To force the rich to possess in Italy was to increase the large estates which had ruined the country。 And must I say; finally; that Aurelian wished to send the captives into the desert lands of Etruria; and that Valentinian was forced to settle the Alamanni on the fertile banks of the Po?〃
If the reader; in running through this book; should complain of meeting with nothing but quotations from other works; extracts from journals and public lectures; comments upon laws; and interpretations of them; I would remind him that the very object of this memoir is to establish the conformity of my opinion concerning property with that universally held; that; far from aiming at a paradox; it has been my main study to follow the advice of the world; and; finally; that my sole pretension is to clearly formulate the general belief。 I cannot repeat it too often;and I confess it with pride;I teach absolutely nothing that is new; and I should regard the doctrine which I advocate as radically erroneous; if a single witness should testify against it。
Let us now trace the revolutions in property among the Barbarians。
As long as the German tribes dwelt in their forests; it did not occur to them to divide and appropriate the soil。 The land was held in common: each individual could plow; sow; and reap。 But; when the empire was once invaded; they bethought themselves of sharing the land; just as they shared spoils after a victory。 〃Hence;〃 says M。 Laboulaye; 〃the expressions _sortes Burgundiorum Gothorum_ and {GREEK; ‘ k }; hence the German words _allod_; allodium; and _loos_; lot; which are used in all modern languages to designate the gifts of chance。〃
Allodial property; at least with the mass of coparceners; was originally held; then; in equal shares; for all of the prizes were equal; or; at least; equivalent。 This property; like that of the Romans; was wholly individual; independent; exclusive; transferable; and consequently susceptible of accumulation and invasion。 But; instead of its being; as was the case among the Romans; the large estate which; through increase and usury; subordinated and absorbed the small one; among the Barbarians fonder of war than of wealth; more eager to dispose of persons than to appropriate thingsit was the warrior who; through superiority of arms; enslaved his adversary。 The Roman wanted matter; the Barbarian wanted man。 Consequently; in the feudal ages; rents were almost nothing;simply a hare; a partridge; a pie; a few pints of wine brought by a little girl; or a Maypole set up within the suzerain's reach。 In return; the vassal or incumbent had to follow the seignior to battle (a thing which happened almost every day); and equip and feed himself at his own expense。 〃This spirit of the German tribesthis spirit of companionship and associationgoverned the territory as it governed individuals。 The lands; like the men; were secured to a chief or seignior by a bond of mutual protection and fidelity。 This subjection was the labor of the German epoch which gave birth to feudalism。 By fair means or foul; every proprietor who could not be a chief was forced to be a vassal。〃 (Laboulaye: History of Property。)
By fair means or foul; every mechanic who cannot be a master has to be a journeyman; every proprietor who is not an invader will be invaded; every producer who cannot; by the exploitation of other men; furnish products at less than their proper value; will lose his labor。 Corporations and masterships; which are hated so bitterly; but which will reappear if we are not careful; are the necessary results of the principle of competition which is inherent in property; their organization was patterned formerly after that of the feudal hierarchy; which was the result of the subordination of men and possessions。
The times which paved the way for the advent of feudalism and the reappearance of large proprietors were times of carnage and the most frightful anarchy。 Never before had murder and violence made such havoc with the human race。 The tenth century; among others; if my memory serves me rightly; was called the CENTURY OF IRON。 His property; his life; and the honor of his wife and children always in danger the small proprietor made haste to do homage to his seignior; and to bestow something on the church of his freehold; that he might receive protection and security。
〃Both facts and laws bear witness that from the sixth to the tenth century the proprietors of small freeholds were gradually plundered; or reduced by the encroachments of large proprietors and counts to the condition of either vassals or tributaries。 The Capitularies are full of repressive provisions; but the incessant reiteration of these threats only shows the perseverance of the evil and the impotency of the government。 Oppression; moreover; varies but little in its methods。 The complaints of the free proprietors; and the groans of the plebeians at the time of the Gracchi; were one and the same。 It is said that; whenever a poor man refused to give his estate to the bishop; the curate; the count; the judge; or the centurion; these immediately sought an opportunity to ruin him。 They made him serve in the army until; completely ruined; he was induced; by fair means or foul; to give up his freehold。〃Laboulaye: History of Property。
How many small proprietors and manufacturers have not been ruined by large ones through chicanery; law…suits; and competition? Strategy; violence; and