formed, so to speak, by a superior genius of which they were unconscious; in Montesquieu, the Roman atrocity revolts, but is not explained. Therefore, as a writer, Montesquieu brings greater credit upon French literature; as a philosopher, Vico bears away the palm.
Originally, property in Rome was national, not private. Numa was the first to establish individual property by distributing the lands captured by Romulus. What was the dividend of this distribution effected by Numa? What conditions were imposed upon individuals, what powers reserved to the State? None whatever. Inequality of fortunes, absolute abdication by the republic of its right of eminent domain over the property of citizens,—such were the first results of the division of Numa, who justly may be regarded as the originator of Roman revolutions. He it was who instituted the worship of the god Terminus,—the guardian of private possession, and one of the most ancient gods of Italy. It was Numa who placed property under the protection of Jupiter; who, in imitation of the Etrurians, wished to make priests of the land-surveyors; who invented a liturgy for cadastral operations, and ceremonies of consecration for the marking of boundaries,—who, in short, made a religion of property.[1] All these fancies would have been more beneficial than dangerous, if the holy king had not forgotten one essential thing; namely, to fix the amount that each citizen could possess, and on what conditions he could possess it. For, since it is the essence of property to continually increase by accession and profit, and since the lender will take advantage of every opportunity to apply this principle inherent in prop-
- ↑ Similar or analogous customs have existed among all nations. Consult, among other works, “Origin of French Law,” by M. Michelet; and “Antiquities of German Law,” by Grimm.
