to have existed during this period. On the contrary,
to this period we must refer the ancient definition,
which represents the senators as called fathers from
the fields which they parcelled out among the common
people as a father among his children; and originally
the landowner must have distributed that portion of
his land which he was unable to farm in person, or
even his whole estate, into little parcels among his
dependents to be cultivated by them, as is the general
practice in Italy at the present day. The recipient
might be the house-child or slave of the granter;
if he was a free man, his position was that which
subsequently went by the name of “occupancy
on sufferance” (-precarium-). The recipient
retained his occupancy during the pleasure of the
granter, and had no legal means of protecting himself
in possession against him; on the contrary, the granter
could eject him at any time when he pleased.
The relation did not necessarily involve any payment
on the part of the person who had the usufruct of
the soil to its proprietor; but such a payment beyond
doubt frequently took place and may, as a rule, have
consisted in the delivery of a portion of the produce.
The relation in this case approximated to the lease
of subsequent times, but remained always distinguished
from it partly by the absence of a fixed term for
its expiry, partly by its non-actionable character
on either side and the legal protection of the claim
for rent depending entirely on the lessor’s
right of ejection. It is plain that it was essentially
a relation based on mutual fidelity, which could not
subsist without the help of the powerful sanction of
custom consecrated by religion; and this was not wanting.
The institution of clientship, altogether of a moral-religious
nature, beyond doubt rested fundamentally on this
assignation of the profits of the soil. Nor
was the introduction of such an assignation dependent
on the abolition of the system of common tillage; for,
just as after this abolition the individual, so previous
to it the clan might grant to dependents a joint use
of its lands; and beyond doubt with this very state
of things was connected the fact that the Roman clientship
was not personal, but that from the outset the client
along with his clan entrusted himself for protection
and fealty to the patron and his clan. This earliest
form of Roman landholding serves to explain how there
sprang from the great landlords in Rome a landed,
and not an urban, nobility. As the pernicious
institution of middlemen remained foreign to the Romans,
the Roman landlord found himself not much less chained
to his land than was the tenant and the farmer; he
inspected and took part in everything himself, and
the wealthy Roman esteemed it his highest praise to
be reckoned a good landlord. His house was in
the country; in the city he had only a lodging for
the purpose of attending to his business there, and
perhaps of breathing the purer air that prevailed
there during the hot season. Above all, however,