y paying concern seeing that it
was not necessary to be too squeamish about the rights and claims of
the provincials. And, indeed, by the time of the Gracchi all these
joint-stock companies had become the one favourite investment in
which every one who had any capital, however small, placed it without
hesitation. Polybius, who was in Rome at this time for several years,
and was thoroughly acquainted with Roman life, has left a valuable
record in his sixth book (ch. xvii.) of the universal demand for
shares in these companies; a fact which proves that they were believed
to be both safe and profitable.
These societates were managed by the great men of business, as our
joint-stock companies are directed by men of capital and consequence.
Polybius tells us that among those who were concerned, some took the
contracts from the censors: these were called _mancipes_, because
the sign of accepting the contract at the auction was to hold up the
hand.[112] Others, Polybius goes on, were in association with these
mancipes, and, as we may assume, equally responsible with them; these
were the _socii_. It was of course necessary that security should be
given for the fulfilment of the contract, and Polybius does not omit
to mention the _praedes_ or guarantors[113]. Lastly, he says that
others again gave their property on behalf of these official members
of the companies, or in their name, for the public purpose in hand.
These last words admit of more than one interpretation, but as in the
same passage Polybius tells us that all who had any money put it into
these concerns, we may reasonably suppose that he means to indicate
the _participes_, or small holders of shares, which were called
_partes_, or if very small, _particulae_[114]. The socii and
participes seem to be distinguished by Cicero in his Verrine orations
(ii. 1. 55), where he quotes an addition made by Verres illegally as
praetor to a lex censoria: "qui de censoribus redemerit, eum socium ne
admittito neve partem dato." If this be so, we may regard the socius
as having a share both in the management and the liability, while the
particeps merely put his money into the undertaking[115]. The actual
management, on which Polybius is silent, was in Rome in the hands of a
_magister_, changing yearly, like the magistrates of the State, and
in the provinces of a _pro-magister_ answering to the pro-magistrate,
with a large staff of assistants[116]. Communications between
the managem
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