dra； 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 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