The History of Rome. Book III

by Theodor Mommsen

  Speculation of Contractors

  Closely connected with this was the immeasurable field of enterprise. The system of transacting business through mediate agency pervaded the whole dealings of Rome. The state took the lead by letting all its more complicated revenues and all contracts for furnishing supplies and executing buildings to capitalists, or associations of capitalists, for a fixed sum to be given or received. But private persons also uniformly contracted for whatever admitted of being done by contract - for buildings, for the ingathering of the harvest[15], and even for the partition of an inheritance among the heirs or the winding up of a bankrupt estate; in which case the contractor - usually a banker - received the whole assets, and engaged on the other hand to settle the liabilities in full or up to a certain percentage and to pay the balance as the circumstances required.

  Commerce - Manufacturing Industry

  The prominence of transmarine commerce at an early period in the Roman national economy has already been adverted to in its proper place. The further stimulus, which it received during the present period, is attested by the increased importance of the Italian customs-duties in the Roman financial system[16]. In addition to the causes of this increase in the importance of transmarine commerce which need no further explanation, it was artificially promoted by the privileged position which the ruling Italian nation assumed in the provinces, and by the exemption from customs-dues which was probably even now in many of the client-states conceded by treaty to the Romans and Latins. On the other hand, industry remained comparatively undeveloped. Trades were no doubt indispensable, and there appear indications that to a certain extent they were concentrated in Rome; Cato, for instance, advises the Campanian landowner to purchase the slaves' clothing and shoes, the ploughs, vats, and locks, which he may require, in Rome. From the great consumption of woollen stuffs the manufacture of cloth must undoubtedly have been extensive and lucrative[17]. But no endeavours were apparently made to transplant to Italy any such professional industry as existed in Egypt and Syria, or even merely to carry it on abroad with Italian capital. Flax indeed was cultivated in Italy and purple dye was prepared there, but the latter branch of industry at least belonged essentially to the Greek Tarentum, and probably the import of Egyptian linen and Milesian or Tyrian purple even now preponderated everywhere over the native manufacture.

  Under this category, however, falls to some extent the leasing or purchase by Roman capitalists of landed estates beyond Italy, with a view to carry on the cultivation of grain and the rearing of cattle on a great scale. This species of speculation, which afterwards developed to proportions so enormous, probably began particularly in Sicily, within the period now before us; seeing that the commercial restrictions imposed on the Siceliots[18], if not introduced for the very purpose, must have at least tended to give to the Roman speculators, who were exempt from such restrictions, a sort of monopoly of the profits derivable from land.

  Management of Business by Slaves

  Business in all these different branches was uniformly carried on by means of slaves. The money-lenders and bankers instituted, throughout the range of their business, additional counting-houses and branch banks under the direction of their slaves and freedmen. The company, which had leased the customs-duties from the state, appointed chiefly its slaves and freedmen to levy them at each custom-house. Every one who took contracts for buildings bought architect-slaves; every one who undertook to provide spectacles or gladiatorial games on account of those giving them purchased or trained a company of slaves skilled in acting, or a band of serfs expert in the trade of fighting. The merchant imported his wares in vessels of his own under the charge of slaves or freedmen, and disposed of them by the same means in wholesale or retail. We need hardly add that the working of mines and manufactories was conducted entirely by slaves. The situation of these slaves was, no doubt, far from enviable, and was throughout less favourable than that of slaves in Greece; but, if we leave out of account the classes last mentioned, the industrial slaves found their position on the whole more tolerable than the rural serfs. They had more frequently a family and a practically independent household, with no remote prospect of obtaining freedom and property of their own. Hence such positions formed the true training school of those upstarts from the servile class, who by menial virtues and often by menial vices rose to the rank of Roman citizens and not seldom attained great prosperity, and who morally, economically, and politically contributed at least as much as the slaves themselves to the ruin of the Roman commonwealth.

  Extent of Roman Mercantile Transactions - Coins and Moneys

  The Roman mercantile transactions of this period fully kept pace with the contemporary development of political power, and were no less grand of their kind. Any one who wishes to have a clear idea of the activity of the traffic with other lands, needs only to look into the literature, more especially the comedies, of this period, in which the Phoenician merchant is brought on the stage speaking Phoenician, and the dialogue swarms with Greek and half Greek words and phrases. But the extent and zealous prosecution of Roman business-dealings may be traced most distinctly by means of coins and monetary relations. The Roman denarius quite kept pace with the Roman legions. We have already mentioned[19] that the Sicilian mints - last of all that of Syracuse in 542 - were closed or at any rate restricted to small money in consequence of the Roman conquest, and that in Sicily and Sardinia the denarius obtained legal circulation at least side by side with the older silver currency and probably very soon became the exclusive legal tender. With equal if not greater rapidity the Roman silver coinage penetrated into Spain, where the great silver-mines existed and there was virtually no earlier national coinage; at a very early period the Spanish towns even began to coin after the Roman standard[20]. On the whole, as Carthage coined only to a very limited extent[21], there existed not a single important mint in addition to that of Rome in the region of the western Mediterranean, with the exception of that of Massilia and perhaps also those of the Illyrian Greeks in Apollonia and Dyrrhachium. Accordingly, when the Romans began to establish themselves in the region of the Po, these mints were about 525 subjected to the Roman standard in such a way, that, while they retained the right of coining silver, they uniformly - and the Massiliots in particular - were led to adjust their drachma to the weight of the Roman three-quarter denarius, which the Roman government on its part began to coin, primarily for the use of Upper Italy, under the name of the "coin of victory" (victoriatus). This new system, dependent on the Roman, not merely prevailed throughout the Massiliot, Upper Italian, and Illyrian territories; but these coins even penetrated into the barbarian lands on the north, those of Massilia, for instance, into the Alpine districts along the whole basin of the Rhone, and those of Illyria as far as the modern Transylvania. The eastern half of the Mediterranean was not yet reached by the Roman money, as it had not yet fallen under the direct sovereignty of Rome; but its place was filled by gold, the true and natural medium for international and transmarine commerce. It is true that the Roman government, in conformity with its strictly conservative character, adhered - with the exception of a temporary coinage of gold occasioned by the financial embarrassment during the Hannibalic war[22] - steadfastly to the rule of coining silver only in addition to the national-Italian copper; but commerce had already assumed such dimensions, that it was able even in the absence of money to conduct its transactions with gold by weight. Of the sum in cash, which lay in the Roman treasury in 597, scarcely a sixth was coined or uncoined silver, five-sixths consisted of gold in bars[23], and beyond doubt the precious metals were found in all the chests of the larger Roman capitalists in substantially similar proportions. Already therefore gold held the first place in great transactions; and, as may be further inferred from this fact, in general commerce the preponderance belonged to that carried on with foreign lands, and particularly with the east, which since the times of Philip and Alexander the Great had adopted a gold currency.

  Roman Wealth

>   The whole gain from these immense transactions of the Roman capitalists flowed in the long run to Rome; for, much as they went abroad, they were not easily induced to settle permanently there, but sooner or later returned to Rome, either realizing their gains and investing them in Italy, or continuing to carry on business from Rome as a centre by means of the capital and connections which they had acquired. The moneyed superiority of Rome as compared with the rest of the civilized world was, accordingly, quite as decided as its political and military ascendency. Rome in this respect stood towards other countries somewhat as the England of the present day stands towards the Continent - a Greek, for instance, observes of the younger Scipio Africanus, that he was not rich "for a Roman". We may form some idea of what was considered as riches in the Rome of those days from the fact, that Lucius Paullus with an estate of 60 talents (14,000 pounds) was not reckoned a wealthy senator, and that a dowry - such as each of the daughters of the elder Scipio Africanus received - of 50 talents (12,000 pounds) was regarded as a suitable portion for a maiden of quality, while the estate of the wealthiest Greek of this century was not more than 300 talents (72,000 pounds).

  Mercantile Spirit

  It was no wonder, accordingly, that the mercantile spirit took possession of the nation, or rather - for that was no new thing in Rome - that the spirit of the capitalist now penetrated and pervaded all other aspects and stations of life, and agriculture as well as the government of the state began to become enterprises of capitalists. The preservation and increase of wealth quite formed a part of public and private morality. "A widow's estate may diminish"; Cato wrote in the practical instructions which he composed for his son, "a man must increase his means, and he is deserving of praise and full of a divine spirit, whose account-books at his death show that he has gained more than he has inherited". Wherever, therefore, there was giving and counter-giving, every transaction although concluded without any sort of formality was held as valid, and in case of necessity the right of action was accorded to the party aggrieved if not by the law, at any rate by mercantile custom and judicial usage[24]; but the promise of a gift without due form was null alike in legal theory and in practice. In Rome, Polybius tells us, nobody gives to any one unless he must do so, and no one pays a penny before it falls due, even among near relatives. The very legislation yielded to this mercantile morality, which regarded all giving away without recompense as squandering; the giving of presents and bequests and the undertaking of sureties were subjected to restriction at this period by decree of the burgesses, and heritages, if they did not fall to the nearest relatives, were at least taxed. In the closest connection with such views mercantile punctuality, honour, and respectability pervaded the whole of Roman life. Every ordinary man was morally bound to keep an account-book of his income and expenditure - in every well-arranged house, accordingly, there was a separate account-chamber (tablinum) - and every one took care that he should not leave the world without having made his will: it was one of the three matters in his life which Cato declares that he regretted, that he had been a single day without a testament. Those household books were universally by Roman usage admitted as valid evidence in a court of justice, nearly in the same way as we admit the evidence of a merchant's ledger. The word of a man of unstained repute was admissible not merely against himself, but also in his own favour; nothing was more common than to settle differences between persons of integrity by means of an oath demanded by the one party and taken by the other - a mode of settlement which was reckoned valid even in law; and a traditional rule enjoined the jury, in the absence of evidence, to give their verdict in the first instance for the man of unstained character when opposed to one who was less reputable, and only in the event of both parties being of equal repute to give it in favour of the defendant[25]. The conventional respectability of the Romans was especially apparent in the more and more strict enforcement of the rule, that no respectable man should allow himself to be paid for the performance of personal services. Accordingly, magistrates, officers, jurymen, guardians, and generally all respectable men entrusted with public functions, received no other recompense for the services which they rendered than, at most, compensation for their outlays; and not only so, but the services which acquaintances (amici) rendered to each other - such as giving security, representation in lawsuits, custody (depositum), lending the use of objects not intended to be let on hire (commodatum), the managing and attending to business in general (procuratio) - were treated according to the same principle, so that it was unseemly to receive any compensation for them and an action was not allowable even where a compensation had been promised. How entirely the man was merged in the merchant, appears most distinctly perhaps in the substitution of a money-payment and an action at law for the duel - even for the political duel - in the Roman life of this period. The usual form of settling questions of personal honour was this: a wager was laid between the offender and the party offended as to the truth or falsehood of the offensive assertion, and under the shape of an action for the stake the question of fact was submitted in due form of law to a jury; the acceptance of such a wager when offered by the offended or offending party was, just like the acceptance of a challenge to a duel at the present day, left open in law, but was often in point of honour not to be avoided.

  Associations

  One of the most important consequences of this mercantile spirit, which displayed itself with an intensity hardly conceivable by those not engaged in business, was the extraordinary impulse given to the formation of associations. In Rome this was especially fostered by the system already often mentioned whereby the government had its business transacted through middlemen: for from the extent of the transactions it was natural, and it was doubtless often required by the state for the sake of greater security, that capitalists should undertake such leases and contracts not as individuals, but in partnership. All great dealings were organized on the model of these state-contracts. Indications are even found of the occurrence among the Romans of that feature so characteristic of the system of association - a coalition of rival companies in order jointly to establish monopolist prices[26]. In transmarine transactions more especially and such as were otherwise attended with considerable risk, the system of partnership was so extensively adopted, that it practically took the place of insurances, which were unknown to antiquity. Nothing was more common than the nautical loan, as it was called - the modern "bottomry" - by which the risk and gain of transmarine traffic were proportionally distributed among the owners of the vessel and cargo and all the capitalists advancing money for the voyage. It was, however, a general rule of Roman economy that one should rather take small shares in many speculations than speculate independently; Cato advised the capitalist not to fit out a single ship with his money, but in concert with forty-nine other capitalists to send out fifty ships and to take an interest in each to the extent of a fiftieth part. The greater complication thus introduced into business was overcome by the Roman merchant through his punctual laboriousness and his system of management by slaves and freedmen - which, regarded from the point of view of the pure capitalist, was far preferable to our counting-house system. Thus these mercantile companies, with their hundred ramifications, largely influenced the economy of every Roman of note. There was, according to the testimony of Polybius, hardly a man of means in Rome who had not been concerned as an avowed or silent partner in leasing the public revenues; and much more must each have invested on an average a considerable portion of his capital in mercantile associations generally.

  All this laid the foundation for that endurance of Roman wealth, which was perhaps still more remarkable than its magnitude. The phenomenon, unique perhaps of its kind, to which we have already called attention[27] - that the standing of the great clans remained almost the same throughout several centuries - finds its explanation in the somewhat narrow but solid principles on which they managed their mercantile property.

  Moneyed Aristocracy

  In consequence of the one-si
ded prominence assigned to capital in the Roman economy, the evils inseparable from a pure capitalist system could not fail to appear.

  Civil equality, which had already received a fatal wound through the rise of the ruling order of lords, suffered an equally severe blow in consequence of the line of social demarcation becoming more and more distinctly drawn between the rich and the poor. Nothing more effectually promoted this separation in a downward direction than the already-mentioned rule - apparently a matter of indifference, but in reality involving the utmost arrogance and insolence on the part of the capitalists - that it was disgraceful to take money for work; a wall of partition was thus raised not merely between the common day-labourer or artisan and the respectable landlord or manufacturer, but also between the soldier or subaltern and the military tribune, and between the clerk or messenger and the magistrate. In an upward direction a similar barrier was raised by the Claudian law suggested by Gaius Flaminius (shortly before 536), which prohibited senators and senators' sons from possessing sea-going vessels except for the transport of the produce of their estates, and probably also from participating in public contracts - forbidding them generally from carrying on whatever the Romans included under the head of "speculation" (quaestus)[28]. It is true that this enactment was not called for by the senators; it was on the contrary a work of the democratic opposition, which perhaps desired in the first instance merely to prevent the evil of members of the governing class personally entering into dealings with the government. It may be, moreover, that the capitalists in this instance, as so often afterwards, made common cause with the democratic party, and seized the opportunity of diminishing competition by the exclusion of the senators. The former object was, of course, only very imperfectly attained, for the system of partnership opened up to the senators ample facilities for continuing to speculate in secret; but this decree of the people drew a legal line of demarcation between those men of quality who did not speculate at all or at any rate not openly and those who did, and it placed alongside of the aristocracy which was primarily political an aristocracy which was purely moneyed - the equestrian order, as it was afterwards called, whose rivalries with the senatorial order fill the history of the following century.