II. THE ROMAN.

The Romans acted with regard to all conquered nations upon the maxim,

"To the victors the spoils." Britain was no exception. The Romans were

the first to discover or create an ESTATE OF USES in land, as distinct

from an estate of possession. The more ancient nations, the Jews and

the Greeks, never recognized THE ESTATE OF USES, though there is some

indication of it in the relation established by Joseph in Egypt, when,

during the years of famine, he purchased for Pharaoh the lands of

the people. The Romans having seized upon lands in Italy belonging to

conquered nations, considered them public lands, and rented them to

the soldiery, thus retaining for the state the estate in the lands, but

giving the occupier an estate of uses. The rent of these public lands

was fixed at one tenth of the produce, and this was termed USUFRUCT--the

use of the fruits.

The British chiefs, who submitted to the Romans, were subjected to a

tribute or rent in corn; it varied, according to circumstances, from one

fifth to one twentieth of the produce. The grower was bound to deliver

it at the prescribed places. This was felt to be a great hardship, as

they were often obliged to carry the grain great distances, or pay a

bribe to be excused. This oppressive law was altered by Julius Agricola.

The Romans patronized agriculture--Cato says, "When the Romans designed

to bestow the highest praise on a good man, they used to say he

understood agriculture well, and is an excellent husbandman, for this

was esteemed the greatest and most honorable character." Their system

produced a great alteration in Britain, and converted it into the most

plentiful province of the empire; it produced sufficient corn for

its own inhabitants, for the Roman legions, and also afforded a great

surplus, which was sent up the Rhine. The Emperor Julian built new

granaries in Germany, in which he stored the corn brought from Britain.

Agriculture had greatly improved in England under the Romans.

The Romans do not appear to have established in England any military

tenures of land, such as those they created along the Danube and the

Rhine; nor do they appear to have taken possession of the land; the tax

they imposed upon it, though paid in kind, was more of the nature of

a tribute than a rent. Though some of the best of the soldiers in the

Roman legions were Britons, yet their rule completely enervated

the aboriginal inhabitants--they were left without leaders, without

cohesion. Their land was held by permission of the conquerors. The wall

erected at so much labor in the north of England proved a less effectual

barrier against the incursions of the Picts and Scots than the living

barrier of armed men which, at a later period, successfully repelled

their invasions. The Roman rule affords another example that material

prosperity cannot secure the liberties of a people, that they must be

armed and prepared to repel by force any aggression upon their liberty

or their estates.

"Who will be free, themselves must strike the blow."

The prosperous "Britons," who were left by the Romans in possession

of the island, were but feeble representatives of those who, under

Caractacus and Boadicea, did not shrink from combat with the legions of

Caesar. Uninured to arms, and accustomed to obedience, they looked for a

fresh master, and sunk into servitude and serfdom, from which they never

emerged. Yet under the Romans they had thriven and increased in

material wealth; the island abounded in numerous flocks and herds; and

agriculture, which was encouraged by the Romans, flourished. This wealth

was by one of the temptations to the invaders, who seized not only upon

the movable wealth of the natives, but also upon the land, and divided

it among themselves.

The warlike portion of the aboriginal inhabitants appear to have

joined the Cymri and retired westward. Their system of landholding was

non-feudal, inasmuch as each man's land was divided among all his sons.

One of the laws of Hoel Dha, King of Wales in the tenth century, decreed

"that the youngest son shall have an equal share of the estate with

the eldest son, and that when the brothers have divided their father's

estate among them, the youngest son shall have the best house with all

the office houses; the implements of husbandry, his father's kettle, his

axe for cutting wood, and his knife; these three last things the father

cannot give away by gift, nor leave by his last will to any but his

youngest son, and if they are pledged they shall be redeemed." It may

not be out of place here to say that this custom continued to exist in

Wales; and on its conquest Edward I. ordained, "Whereas the custom is

otherwise in Wales than England concerning succession to an inheritance,

inasmuch as the inheritance is partible among the heirs-male, and

from time whereof the memory of man is not to the contrary hath been

partible, Our Lord the King will not have such custom abrogated, but

willeth that inheritance shall remain partible among like heirs as it

was wont to be, with this exception that bastards shall from henceforth

not inherit, and also have portions with the lawful heirs; and if it

shall happen that any inheritance should hereafter, upon failure of

heirs-male, descend to females, the lawful heirs of their ancestors

last served thereof. We will, of our especial grace, that the same women

shall have their portions thereof, although this be contrary to the

custom of Wales before used."

The land system of Wales, so recognized and regulated by Edward I.,

remained unchanged until the reign of the first Tudor monarch.

Its existence raises the presumption that the aboriginal system of

landholding in England gave each son a share of his father's land,

and if so, it did not correspond with the Germanic system described by

Caesar, nor with the tribal system of the Celts in Ireland, nor with the

feudal system subsequently introduced.

The polity of the Romans, which endured in Gaul, Spain, and Italy,

and tinged the laws and usages of these countries after they had

been occupied by the Goths, totally disappeared in England; and even

Christianity, which partially prevailed under the Romans, was submerged

beneath the flood of invasion. Save the material evidence of the

footprints of "the masters of the world" in the Roman roads, Roman wall,

and some other structures, there is no trace of the Romans in England.

Their polity, laws, and language alike vanished, and did not reappear

for centuries, when their laws and language were reimported.

I should not be disposed to estimate the population of England and

Wales, at the retirement of the Romans, at more than 1,500,000. They

were like a flock of sheep without masters, and, deprived of the

watch-dogs which over-awed and protected them, fell an easy prey to the

invaders.

Landholding in England · 第 5 / 17 题