The Law of Civilization and Decay. Adams Brooks
or by both combined, as seems to have been the case with the Eastern Empire; or, as in the Western, disintegration may set in, the civilized population may perish, and a reversion may take place to a primitive form of organism.
The evidence, however, seems to point to the conclusion that, when a highly centralized society disintegrates, under the pressure of economic competition, it is because the energy of the race has been exhausted. Consequently, the survivors of such a community lack the power necessary for renewed concentration, and must probably remain inert until supplied with fresh energetic material by the infusion of barbarian blood.
Quincy, August 20, 1896.
CHAPTER I
THE ROMANS
When the Romans first emerged from the mist of fable, they were already a race of land-owners who held their property in severalty, and, as the right of alienation was established, the formation of relatively large estates had begun. The ordinary family, however, held, perhaps, twelve acres, and, as the land was arable, and the staple grain, it supported a dense rural population. The husbandmen who tilled this land were of the martial type, and, probably for that reason, though supremely gifted as administrators and soldiers, were ill-fitted to endure the strain of the unrestricted economic competition of a centralized society. Consequently their conquests had hardly consolidated before decay set in, a decay whose causes may be traced back until they are lost in the dawn of history.
The Latins had little economic versatility; they lacked the instinct of the Greeks for commerce, or of the Syrians and Hindoos for manufactures. They were essentially land-owners, and, when endowed with the acquisitive faculty, usurers. The latter early developed into a distinct species, at once more subtle of intellect and more tenacious of life than the farmers, and on the disparity between these two types of men, the fate of all subsequent civilization has hinged. At a remote antiquity Roman society divided into creditors and debtors; as it consolidated, the power of the former increased, thus intensifying the pressure on the weak, until, when centralization culminated under the Cæsars, reproduction slackened, disintegration set in, and, after some centuries of decline, the Middle Ages began.
The history of the monarchy must probably always remain a matter of conjecture, but it seems reasonably certain that the expulsion of the Tarquins was the victory of an hereditary monied caste, which succeeded in concentrating the functions of government in a practically self-perpetuating body drawn from their own order.1 Niebuhr has demonstrated, in one of his most striking chapters, that usury was originally a patrician privilege; and some of the fiercest struggles of the early republic seem to have been decided against the oligarchy by wealthy plebeians, who were determined to break down the monopoly in money-lending. At all events, the conditions of life evidently favoured the growth of the instinct which causes its possessor to suck the vitality of the economically weak; and Macaulay, in the preface to Virginia, has given so vivid a picture of the dominant class, that one passage at least should be read entire.
“The ruling class in Rome was a monied class; and it made and administered the laws with a view solely to its own interest. Thus the relation between lender and borrower was mixed up with the relation between sovereign and subject. The great men held a large portion of the community in dependence by means of advances at enormous usury. The law of debt, framed by creditors, and for the protection of creditors, was the most horrible that has ever been known among men. The liberty, and even the life, of the insolvent were at the mercy of the patrician money-lenders. Children often became slaves in consequence of the misfortunes of their parents. The debtor was imprisoned, not in a public gaol under the care of impartial public functionaries, but in a private workhouse belonging to the creditor. Frightful stories were told respecting these dungeons.”
But a prisoner is an expense, and the patricians wanted money. Their problem was to exhaust the productive power of the debtor before selling him, and, as slaves have less energy than freemen, a system was devised by which the plebeians were left on their land, and stimulated to labour by the hope of redeeming themselves and their children from servitude. Niebuhr has explained at length how this was done.
For money weighed out a person could pledge himself, his family, and all that belonged to him. In this condition he became nexus, and remained in possession of his property until breach of condition, when the creditor could proceed by summary process.2 Such a contract satisfied the requirements, and the usurers had then only to invent a judgment for debt severe enough to force the debtor to become nexus when the alternative was offered him. This presented no difficulty. When an action was begun the defendant had thirty days of grace, and was then arrested and brought before the prætor. If he could neither pay nor find security, he was fettered with irons weighing not less than fifteen pounds, and taken home by the plaintiff. There he was allowed a pound of corn a day, and given sixty days in which to settle. If he failed, he was taken again before the prætor and sentenced. Under this sentence he might be sold or executed, and, where there were several plaintiffs, they might cut him up among them, nor was any individual liable for carving more than his share.3 A man so sentenced involved his descendants, and therefore, rather than submit, the whole debtor class became nexi, toiling for ever to fulfil contracts quite beyond their strength, and year by year sinking more hopelessly into debt, for ordinarily the accumulated interest soon raised “the principal to many times its original amount.”4 Niebuhr has thus summed up the economic situation: —
“To understand the condition of the plebeian debtors, let the reader, if he is a man of business, imagine that the whole of the private debts in a given country were turned into bills at a year, bearing interest at twenty per cent or more; and that the non-payment of them were followed on summary process by imprisonment, and by the transfer of the debtor’s whole property to his creditor, even though it exceeded what he owed. We do not need those further circumstances, which are incompatible with our manners, the personal slavery of the debtor and of his children, to form an estimate of the fearful condition of the unfortunate plebeians.”5
Thus the usurer first exhausted a family and then sold it; and as his class fed on insolvency and controlled legislation, the laws were as ingeniously contrived for creating debt, as for making it profitable when contracted. One characteristic device was the power given the magistrate of fining for “offences against order.” Under this head “men might include any accusations they pleased, and by the higher grades in the scale of fines they might accomplish whatever they desired.”6 As the capitalists owned the courts and administered justice, they had the means at hand of ruining any plebeian whose property was tempting. Nevertheless, the stronghold of usury lay in the fiscal system, which down to the fall of the Empire was an engine for working bankruptcy. Rome’s policy was to farm the taxes; that is to say, after assessment, to sell them to a publican, who collected what he could. The business was profitable in proportion as it was extortionate, and the country was subjected to a levy unregulated by law, and conducted to enrich speculators. “Ubi publicanus est,” said Livy, quoting the Senate, “ibi aut jus publicum vanum, aut libertatem sociis nullam esse.”7
Usury was the cream of this business. The custom was to lend to defaulters at such high rates of interest that insolvency was nearly certain to follow; then the people were taken on execution, and slave-hunting formed a regular branch of the revenue service. In Cicero’s time whole provinces of Asia Minor were stripped bare by the traffic. The effect upon the Latin society of the fifth century before Christ was singularly destructive. Italy was filled with petty states in chronic war, the troops were an unpaid militia, which comprised the whole able-bodied population, and though the farms yielded enough for the family in good times, when the males were with the legions labour was certain to be lacking. The campaigns therefore brought want, and with want came the inability to pay taxes.
As late as the Tunic War, Regulus asked to be relieved from his command, because the death of his slave and the incompetence of his hired man left his fields uncared for; and
Livy, xlv. 18.