For the law of debtor and creditor, as it stood during the times
of the Orators at Athens, see Heraldus, Animadv. ad Salmasium,
pp. 174-286; Meier und Schömann, Der Attische Prozess, b. iii,
c. 2, p. 497, _seqq._ (though I doubt the distinction which they
there draw between χρέος and δανεῖον); Platner, Prozess und
Klagen, b. ii, absch. 11, pp. 349, 361.
There was one exceptional case, in which the Attic law always
continued to the creditor that power over the person of the
insolvent debtor which all creditors had possessed originally,—it
was when the creditor had lent money for the express purpose of
ransoming the debtor from captivity (Dêmosthen. cont. Nikostr. p.
1249),—analogous to the actio depensi in the old Roman law.
Any citizen who owed money to the public treasury, and whose debt
became overdue, was deprived for the time of all civil rights
until he had cleared it off.
Diodorus (i, 79) gives us an alleged law of the Egyptian king
Bocchoris, releasing the persons of debtors and rendering their
properties only liable, which is affirmed to have served as
an example for Solon to copy. If we can trust this historian,
lawgivers in other parts of Greece still retained the old severe
law enslaving the debtor’s person: compare a passage in Isokratês
(Orat. xiv, Plataicus, p. 305; p. 414, Bek.)
In the sentiment of an early society, as in the old Roman law,
a distinction is commonly made between the principal and the
interest of a loan, though the creditors have sought to blend them
indissolubly together. If the borrower cannot fulfil his promise to
repay the principal, the public will regard him as having committed
a wrong which he must make good by his person; but there is not the
same unanimity as to his promise to pay interest: on the contrary,
the very exaction of interest will be regarded by many in the same
light in which the English law considers usurious interest, as
tainting the whole transaction. But in the modern mind, principal,
and interest within a limited rate, have so grown together, that we
hardly understand how it can ever have been pronounced unworthy of an
honorable citizen to lend money on interest; yet such is the declared
opinion of Aristotle, and other superior men of antiquity; while the
Roman Cato, the censor, went so far as to denounce the practice as a
heinous crime.[185] It was comprehended by them among the worst of
the tricks of trade,—and they held that all trade, or profit derived
from interchange, was unnatural, as being made by one man at the
expense of another: such pursuits, therefore, could not be commended,
though they might be tolerated to a certain extent as matter of
necessity, but they belonged essentially to an inferior order of
citizens.[186] What is remarkable in Greece is, that the antipathy
of a very early state of society against traders and money-lenders
lasted longer among the philosophers than among the mass of the
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