The third law Licinius - sexties had, as already stated, the greater extension of what the tradition tells us. It was established by the prohibition of charging interest on loans and have a retroactive effect, as is the fact that legally was restored shortly after the previous base of interest. In addition, the debtors granted a moratorium of three years, so it was not difficult, even with the help of the new territorial regulations, payment of the remaining debt. Perhaps, this law was merely the implementation of prohibition of interest oldest, so I would remove the obvious injustice of retroactive force.
The laws of the 367 may therefore be regarded as a complete triumph of the people: they mean, neither more nor less, a new constitution. The people had reached the goal step by step, and for that reason the fruit was really healthy and mature. The patricians, as privileged ruling caste, was unsustainable. The patrician families were increasingly reduced, while at his side had developed a plebeian aristocracy, based on the possession and public offices. Even if the mob had not touched the privileges of the nobility, the unnatural balance of power between rulers and ruled would have met his end. But the mob had, just that class struggle, come a healthy and helpful way so that he could now compete successfully with the patricians in all fields: in government, politics, the army command, justice, etc..
But the patricians would have been neither Romans nor "Yunkers" If they had made with his defeat calmly. Although no longer in condition to nullify laws once adopted, could always try to hinder its implementation and also recover from the damage suffered by petty subterfuges, such as employees on the occasion of the institution of consular tribune. One was to separate the justice of the consulate, claiming that only the patricians had accurate knowledge of all the complicated formalities and customs and therefore only they were fit to occupy the new magistracy, the Pretura. And really that claim they were recognized by the length of a generation, but only because officials patricians who ran the electoral act arbitrarily rejected candidates commoners. Considered in itself, separate from the administration of justice was unobjectionable, in praise and perhaps even urgently needed, especially as two consuls should henceforth dispatch all matters that had previously been in charge of the whole school of consular tribunes. The territory of the state had, in relation to the consular period, more than doubled its size. The nobility, after having to admit commoners into the consulate, on censorship and dictatorship, was clinging tenaciously to the new judicial division, and that more material reasons for a political fund - principled. The occupation of the new post put the patricians safe from retaliation by the contemptuous treatment observed in the past to the commoners, now come into power. And more: they expected to recover through the courts something had irretrievably lost in the political administration. However, the mob could not long tolerate such a situation. The contrasts between the two classes were not yet sufficiently smoothed so that should not warn the unilateral nature of justice patricia. And the consequence was that, despite the opposition of patrician consul was elected for the first time in 337 to a plebeian praetor.
Less important than the creation of the Pretura, had the institution of an office, yet, according to state law, accessible only to the patricians: the councilor seat. In this case the limitation patricia had every reason, because the aldermen seats were placed alongside the existing councilors commoners, who originally assistants of the tribunes of the people, had taken later as subordinate employees of the consuls, administration of the city police. Among the aldermen aldermen seats and commoners had, for the first, only differences of hierarchy, not functions. Moreover, these patricians did not attribute great value to that office, which was later also accessible to commoners. It seems that since then the number of patriots, willing to spend time, money, goodwill and ability in public office, was much lower than in the ranks of the mob, which was increasingly more robust.
The creation of new positions to satisfy the thirst for domination of the patricians was not the only way by which the vanquished were looking remake of the apparent defeat. The natural thing was to exploit more intensively the electoral system itself and favorable to the patricians, to thwart the election of commoners. And, given the economic conditions of inferiority in which they found many small landowners, despite all the land laws and claims, fraud and electoral corruption were not very difficult. In the 25 years following were appointed consuls often only patricians. And if in the electoral assemblies decision was leaning on the side of the commoners, it was always possible to find one or another file to avoid danger. The nobility had help secure the higher clergy, especially priests (priests) and the soothsayers (soothsayers).
The Romans, like all farming village, were very superstitious. Any accident occurring during a public event such as lightning, thunder showers improvise until the demise of one of the participants in the popular Assembly, gave reason to augur to announce the wrath of a given?. The official who headed the act was then obliged "essential to suspend until the angry divinity was not pacified. Under such conditions it was possible to make lots of abuse. How easy it was, given the multitude of competing and eventually wait, someone really faint, and even easier to simulate a swoon! Such kind of fainting, is not received from the Romans nicknamed the "electoral disease? If the gods wanted a plebeian consul, and on this occasion by warning signs, did fail one after another the electoral assemblies, voters ended up getting tired, so rather than always returning back to the city from distant fields, leaving two consuls to be appointed for the State patricians had their heads.
However, the mob could not allow itself to be let down in this way. She had got admittance to the highest magistrates of the Republic also empowering for priesthoods, as important politically. But exercising that right was difficult, because the priests were not elected by the people but by the priests themselves to cooptation. Although the patricians to the plebeians were admitted into the priestly office less important among the highest school-interpreters of the Sibylline Books, those retained more tenaciously in their hands. As regards the Pretura, claiming that only they knew the art of religious services, inherited from their ancestors. Only through them, they said, the gods entered into negotiations and agreements, and only they knew the spells and charms, by which the Roman deities were to take action. Against this challenge, the mob had no recourse but to perfect the work of matching with laws and rules. Thus was established by law that one of the two posts of consul and censor, respectively, should belong to the commoners, while similar guarantee was not established for the patricians. The pre-eminence in the field patricia church lasted longer, but finally, in 300, was also insured for commoners to participate in the priestly office and very politically influential in most of them (law "ogulnia") . The anger of the patricians was revealed also by acts of defiance under. It was not unusual for an official patrician, a consul or censor declare that this or that act must be performed exclusively for him because it would be profaned or ineffective pass through the hands of fellow commoner. Considerations rituals served to conceal the patrician pretensions. Officials were trying patricians also deliberately humiliate their fellow commoners with an extremely proud bearing, and patrician ladies regards dealing with particular contempt for the wives of judges commoners. It is seen that even when the plebeian victory had been well prepared, the implementation of the new order was not carried out simply. Had to overcome a long series of inveterate prejudices. But despite those were the last thunder in the long struggle, sustained for centuries with violent exasperation. The success was sustained, and eventually also silenced those last sounds of guns. The political difference between patricians and plebeians had indeed ended.
In the economic field was the work least clinched. A change had occurred as patrician or plebeian descent brought with it not from the legal standpoint, no advantages or disadvantages. But not the agrarian law, which guaranteed the plebeian participation in state land, in pastures and in the newly conquered territories, was the absolute social panacea. The prohibition of charging interest is a double edged sword. Nobles philanthropists but also very weak economists have believed, at various times and countries, by this means can solve the problem of debts, without thereby reap gratitude even debtors.
Particularly Roman history interest rate clearly shows how little is attacking the root of evil for such radical measures, and how, on the contrary, the situation becomes even more distressing to the needy. It has been said above that the law of the Twelve Tables introduced, with the monetary system, the first regulation of credit, as set by the ounce, or one twelfth of the value, maximum annual interest, and to severely punish Usury and serious after-aggression. The laws were repealed licinia simply the interest rate and retroactively, so a default or unamortized loan from twelve years is canceled, if the interest rate of 8 1 / 3% (8 113 by 12, equal to 100) was paid on time. Such laws appear to us as true today bankruptcies, and so also the creditors certainly understood then, even if, for the secondary function of capital income at the time, the prohibition in the laws licinia could have disastrous effects as the times would have had more developed economically. Moreover, the case is not isolated. In times of inexperience and poor economic development has been used quite often to such files radicals. Experience alone has been able to understand the harmful aspects of such measures. Also Solon, the Athenian lawgiver so esteemed by his generous wisdom by all parties and at all times, even more radically had relieved the debt of small farmers Athenians. In Rome the cancellation of debts, along with the distribution of land and cancellation of leases, constituted, even in the later periods of civil war, a very effective bait in the hands of party bosses, the same Julius Caesar that has been used vigorously.
Indeed, one must admit that smallholders momentarily many were saved as a result of that general bankruptcy, but you could not expect the guarantee of a healthy and lasting situation by the adoption of the legal abolition of interest. The consequences were presented soon. After a short time the credit ceased completely. The capitalists lost earnings, before so easily achieved, but in need of aid money were not anywhere. But as in such cases the need is often satisfied at any cost, people had no choice but to transgress the law in secret. Naturally, the risk was great, because the penalties were very strong, so that capitalists willing to face the consequences had to seek adequate compensation in e! volume of profit, so the situation created by the prohibition of charging interest had become very difficult. Ten years after the law licinia the republic was forced to admit for a new law the old interest rate (8 1 / 3%). He turned to the past, but again only to be convinced of its futility, as is evident from the fact that not long after everyone wept under the weight of high interest. The law had to intervene again, and lowered the high interest rate in half, ie at 4 116%. These hesitations reveal the difficulties of that transition period in which the gradual penetration of the cash economy was displacing the old ways of life and exchange. But neither the reduction of interest seems to have had the expected, finding the lender and the borrower too low too high, being, therefore, the credit problem without solution. Repentant, the Romans turned back to the prohibition on charging interest and, especially, as regards tradition, 25 years after the regulation licinia - Sextia on loans. This was a dangerous course to zig - zag, which itself should prevent development profitable credit, but the capitalist economy was then in Rome at an early stage, so such experiments are very comprehensive.
According to strict law, the prohibition of charging interest remained in force in Rome for two centuries and a half, even if violated, with great fortune for farmers and businessmen in need of credit. It seems that lenders were exempt from punishment, because both usury as theft, according to old legal concept, not fall under criminal justice, but under civil on the other hand, debtors were well aware that if they raise charges or required creditor to pay quadruple the amount of interest paid, there were only cut their own meat, and that regardless of the fact that hardly Roman officials decided to implement the severe sanctions of the law. They were smart enough to realize how damaging it was for the general economic development that prohibition of charging interest. Only much later, exactly 250 years after the ban, amid the serious crisis of the revolutionary period, a praetor tried, having fa
llado all other means of mediation, to restore to full force of law, declaring himself ready to try all impeachments cases charging interest as usury, and this at a time when Rome had already become a leading trade emporium order. The irony of fate gave this man, who certainly looked the happiness of the people, the name of Aselli (little donkey). Such was the exasperation caused by the threat, killing Aselli in full public square. Shortly afterwards he was restored by law the maximum rate of interest, and just 12%.
More than this volatile credit legislation was the establishment of a state bank, which came to help the needy, acquiring great merits for lending and mediation between the parties. The activity of the Bank was so unanimous approval, both by creditors as part of debtors, that the names of the five directors belonged to the most celebrated in Rome. The State Fund loss seems to have worked with, but from the point of view then that was not considered a scandal, and, moreover, it was deemed that the free allocation of public lands. Powerful was also the abolition of the old law debitori with overvaluation of the thing at the expense of the person. It is true that this concession was wrung from the rich only because of an urgent need for war. For it is established that the power of the creditor is stopped before the body and the freedom of the debtor. The latter obligation is not extinguished with the delivery of all its assets, but was completely free in its future activity, as a free citizen can procure the means for economic empowerment. Bankruptcy no longer constituted a crime that deserved to be punished with death.
However, credit remained the puzzle of the Roman economy. Since many experiments and the nervous legislative activity shows that with such spasmodic efforts could not achieve a lasting social peace. But much had been improved, and above all the base had taken a different configuration. The plebeian descent was no longer an aggravating circumstance, a doom to endure substandard conditions, from which only one could hardly climb the bright regions of power. Especially with regard to the agrarian problem, the commoners were recognized by the slight Licinius - sexties, their claims. And even when we recount the following periods the outbreak of new crises, caused by unfavorable currency conditions, it took some time before acquiring the land situation again really worrying aspects. This is closely related to external events in Roman history.
So far the wars of Rome had not exceeded the character of border disputes, with the matching or the political commitment - among economic classes republic feels strong enough to extend their power. The conquering Roman policy was, at that time, the practical solution of the agrarian problem, which was a problem of existence of the stomach. In a relatively short time, Rome extended its rule over all Italy from the Po plain to the Messina Strait. Everywhere established colonies of citizens of the metropolis, to ensure Roman interests and provide the land while the thousands of proletarians. And since agriculture was undeveloped and so technically only the aggrandizement of possession, and not improving technique, was more productive, those who remained in Rome felt the flow of their citizens to the colonies as a blessing, as a welcome relief from their living conditions.
Romane headed by the route that would take her to great power status, to get then to world power. With what energy and tenacity has undertaken that work, is evident from the fact that less than a century was enough to make Italy a large unified state, and this despite all the differences of language, religion, polity and culture. Previously, the narrow state territory of 25 square miles made up the entire Roman power, and now Rome was the head of a territory, 3. 000 square miles, able to put into the field an army of over 800 thousand. Such power, which was also very much alive in relationships, partly friendly, partly hostile, with the great civilized nations of this epoch-Carthage, Sicily, Egypt, etc.. -, Was, of course, also take their internal conditions very different ways of which had hitherto accompanied the life of a farming village needs and limited aspirations.
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