LII. LIBANIUS.
In order to get so far as possible a living picture of the conditions of rustic life and labour we must glean the scattered notices preserved to us in the writers of the period of decline. Due allowance must be made for the general artificiality and rhetorical bent of authors trained in the still fashionable schools of composition and style. For even private letters were commonly written as models destined eventually to be read and admired by the public, while in controversial works and public addresses the tendency to attitudinize was dominant. The circulation of literary trivialities and exchange of cheap compliments, especially prevalent in Gaul, was kept up to the last by self-satisfied cliques when the barbarians were already established in the heart of the empire. Nevertheless valuable sidelights on questions of fact are thrown from several points of view. This evidence agrees with that drawn from the imperial laws, and is in so far better for our purpose that it deals almost exclusively with the present. When it looks to the future, it is in the form of petition or advice; while the normal substance of the laws is to confess the existence of monstrous abuses by threatening offenders with penalties ever more and more severe, and enjoining reforms that no penalties could enforce. A writer very characteristic of his age (about 315-400) is the ‘sophist’ Libanius, who passed most of his later years at Antioch, the luxurious chief city of the East. For matters under his immediate observation he is a good authority, and may help us to form a notion of the extent to which imperial ordinances were practically operative in the eastern parts of the empire.
Two of the ‘orations,’ or written addresses, of Libanius are particularly interesting as appeals to the emperor Theodosius for redress of malpractices affecting the rustic population and impairing the financial resources of the empire. The earlier[1616] (about 385) exposes gross misdeeds of the city magistrates of Antioch. What with the falling of old houses and clearing of sites for new buildings there were great quantities of mixed rubbish to be removed and deposited elsewhere. Apparently there was now no sufficient staff of public slaves at disposal; at all events the city authorities resorted to illegal means for procuring the removal. When the country folk came into town to dispose of their produce, the magistrates requisitioned their carts asses mules (and themselves as drivers) for this work. Thus the time of the poor rustics was wasted, their carts and sacks damaged, and they and their beasts sent back to their homes in a state of utter exhaustion. No law empowered the city magnates to act thus. From small beginnings a sort of usage had been created, which nothing short of imperial ordinance could now break and abolish. That the magistrates were conscious of doing wrong was shewn by what they avoided doing. They did not impress slaves or carts from houses in the city. They did not exact like services from the military or powerful landlords. Nor did they lay the burden on the estates[1617] of the municipality, the rents from which were part of the revenues of Antioch. Favour is only justified by equity; and there is, says Libanius, no equity in sparing the luxurious rich by ruining the poor. So he entreats his most gracious[1618] Majesty to protect the farms as much as the cities, or rather more. For the country is in fact the foundation on which cities rest. Without it they could never have existed: and now it is on the rise and fall of rural wellbeing that urban prosperity depends. This appeal speaks for itself. But it is significant that the skilled pleader thinks it wise to end on a note of imperial interest. ‘Moreover, Sire, it is from the country that your tribute is drawn. It is to the cities that you address your orders[1619] for taxation, but the cities have to raise it from the country. Therefore, to protect the farmers is to preserve your interests, and to maltreat the farmers is to betray them.’
In the oration numbered 47 the abuse dealt with is of a very different kind. The date is 391 or 392, and the subject is the ‘protections’ (patrocinia)[1620] of villages. The pressure of imperial taxation and the abuses accompanying its collection had driven the villagers to seek help in resisting the visits of the tax-gatherers. This help was generally found in placing the village under the protection of some powerful person, commonly a retired soldier, who acted as a rallying-centre and leader, probably in most cases backed by some retainers of his own class. Of course these men did not undertake opposition to the public authorities for nothing. But it seems that their exactions were, at least in the earlier stages, found to be less burdensome than those of the official collectors. The situation thus created was as follows. The local senators (curiales) whose turn it was to collect the dues from the district under their municipality (a duty that they were not allowed to shirk) went out to the villages for the purpose. They were beaten off[1621] by use of force, often wounded as well as foiled. They were still bound to pay over the tax, which they had not received, to the imperial treasury. In these latter days default of payment rendered them liable to cruel scourging. So the unhappy curiales had to sell their own property to make up the amount due. The loss of their means strikes them out of the curia for lack of the legal qualification. And this was not only a loss to their particular city: it damaged imperial interests, bound up as the whole system was with maintaining unimpaired the supply of qualified curiales. The evil of these ‘protections’ was, according to Libanius, great and widespread. The protectors had become a great curse to the villagers themselves by their tyranny and exactions. Their lawless sway had turned[1622] farmers into brigands, and taught them to use iron not for tools of tillage but for weapons of bloodshed. And the trouble was not confined to villages where the land belonged to a number of small owners: it extended also to those[1623] under one big proprietor. The argument that the villagers have a right to seek help in resistance to extortion, is only sound if the means employed are fair. To justify this limitation two significant analogies[1624] are applied. Cities near the imperial frontier must not call in the foreign enemy to aid them in settling their differences with each other: they must seek help within the empire. A slave must not invoke the aid of casual bystanders against ill-usage: he stands in no relation to outsiders, and must look to his master for redress. The full bearing of these considerations is seen when we remember that the farmers are serf-tenants. They are owned[1625] by masters, as the municipal city exists only in and for the empire, and the slave has no legal personality apart from his lord.
It is a fact, says[1626] Libanius, that through such evasion of their liabilities on the part of the rustics many houses have been ruined. He is surely referring to the curiales and other landlords resident in the city, the numbers of which class it was the imperial policy to maintain at full strength. In moral indignation[1627] he urges the iniquity of beggaring poor souls who have nothing to live on but the income from their lands. ‘Say I have an estate, inherited or bought, farmed by sensible tenants who humbly faced the ups and downs of Fortune under my considerate care. Must you then stir them up by agitation, arousing unlooked-for conflicts, and reducing men of good family to indigence?’ This appeal would not sound overdrawn in the society of that age, though it might fall somewhat coldly upon modern ears. But the most notable point in this oration is the nature of the remedy[1628] for which the writer pleads, and which none but the emperor can supply. It is simply to enforce the existing law. Some years before, probably in 368, the emperor Valens had strictly forbidden[1629] the ‘protections’ that were the cause of this trouble. So now the appeal to Theodosius is ‘give the law sinews, make it a law indeed[1630] and not a bare exhortation.’ For, if it is not to be observed, it had better be repealed. That a leading writer of the day could so state the case to the ruler of the Roman world is a fact to be borne in mind by readers of the imperial laws.