19.4. The Centralization of the Imperial Economy
Let us look, however, at some of the details of the edict, fragments of which have been preserved in several copies in the Balkan peninsula, Asia Minor, and Egypt, viz., in the provinces under the direct sway of Diocletian.
Traces of commercial intercourse of the same kind as that described in the Expositio frequently meet the eye. We hear again of the high class wines of Italy, of linen vestments from Laodicea, Scythopolis, Byblus, of purple-dyed garments manufactured on the Syrian coast and fetching very high prices, and of somewhat less expensive kinds from Miletus: a piece of purple linen for ornamental stripes (clavi) weighing six ounces may be sold for 13,000, 23,000 and even 32,000 denarii, 50,000 of the latter corresponding to one pound of gold. Cloth garments came from Laodicea in Phrygia, from Modena in Italy and in the shape of coarse, warm mantles from Flanders. In a word the lines of commercial intercourse are clearly traced, but the difficulties encountered byt rade under new conditions are also very visible. Some comparisons with extant valuations of goods ordered for soldiers enable us to form a judgment as to the fluctuations of prices which Diocletian's enactment tried to moderate. We hear that in one case 80pounds of bacon were estimated at 1 solidus (6000 copper denarii) and in another instance 20 pounds at 1000 denarii. According to the tariff of Diocletian the maximum price for bacon of the best kind would have been in the first instance 96,000, and in the second 16,000 copper denarii, the latter being about 16 times more than the ordinary price.
It is important to notice that while the ordinary agricultural labourer is not allowed to receive higher wages than 25 silver denarii (about 120 copper denarii) per day besides board, the maximum price of a double sextarius (roughly, about a quart) of wheat was fixed at 100 silver denarii, and that of a pound of pork at 12 silver denarii.
One cannot wonder at the failure of Diocletian's attempt, which according to contemporary testimony only increased the evils it was meant to suppress, the penalties against the merchants leading to concealment of goods and interruptions of trade. But it is characteristic of the methods of compulsory legislation constantly employed by the emperors of the fourth century that Julian made a similar and quite as unsuccessful attempt to coerce the citizens of Antioch into fair trade.
It is impossible to suppose that such measures were dictated by a kind of Caesar madness, prompting the rulers of the civilised world to affirm their will and wisdom as against economic laws. However faulty in its conception, the policy indicated by the edicts of Diocletian and Julian had its roots in a well-meaning though ineffectual desire to regulate trade and to protect fair intercourse. It may be likened, as most attempts to impose maximum limits to prices, to the police supervision of trade in necessaries of life practised in besieged cities. The emperors and their bureaucracy had come to look on the whole civilised world subject to their authority as upon a besieged city, in which all civil professions had to conform to military rule.
The same kind of evolution from free intercourse to compulsion may be observed in the legislation on commercial and industrial corporations Roman law passed through several stages in this respect. At the time of the Republic guilds of artisans and merchants could be formed by private agreement if their statutes and activity did not infringe the laws of the State (Gaius in Dig. XLVII. 22, 4). During the civil conflicts of the last years of the Republic and in the early Empire organised corporations were several times dissolved and forbidden on account of the political agitation carried on by their members, and from Augustus's time concession by the Senate and confirmation by the Prince had to be applied for when a new college or guild had to be formed. But police supervision by the State did not alter the main feature of the corporations, namely their spontaneous origin in the needs of society and the wish of private persons to carry on profitable trade and to form unions for mutual support and social intercourse. The imperial Government was often inclined to repress these spontaneous tendencies, as we may gather, e.g., from Trajan's correspondence with Pliny.
The first indication of a further change in the relations between government and corporations may be noticed in the reign of Alexander Severus. This Emperor, instead of restricting the rise of trade guilds, actually favoured the formation of corporations of wine merchants, grocers, shoemakers, and other crafts. We may suspect that at this time, that is in the second quarter of the third century, the Government began to perceive a slackening in the energy of trade and commerce and chose to exert its authority in patronising trade guilds. The restoration of imperial power under Aurelian brought about another and more powerful attempt in the same direction. One of the measures of this Emperor was the assumption of a wide-reaching guardianship over the alimentation of Rome. The supply of corn from Egypt was increased; lists of paupers (proletarii) entitled to be fed by the State were drawn up, and the privilege of living at the cost of the commonwealth was made hereditary; instead of corn, bread was distributed, and along with bread — oil, salt, and pork.
In connexion with this system of alimentation of the poorer classes in Rome Aurelian reorganised the service of the merchants responsible for the transport of corn on the Nile and on the Tiber. This throws light on the immediate reason for the transformation of corporations in the ensuing age: trades and crafts which had a bearing on vital needs of social intercourse were taken under the tutelage of the Empire and carried on henceforth, not as free professions but as compulsory services.
This is clearly seen in the legislation of Constantine and remains characteristic of the legal treatment of trade during the whole of the fourth and of the fifth century.
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