people,—it harmonized more with the social _idéal_ of the former,
than with the practical instincts of the latter.
[185] Aristot. Polit. i, 4, 23; Cato ap. Cicero. de Offic. ii,
25. Plato, in his Treatise de Legg. (v, p. 742) forbids all
lending on interest: indeed, he forbids any private citizen to
possess either gold or silver.
To illustrate the marked difference made in the early Roman
law, between the claim for the principal and that for the
interest, I insert in an Appendix, at the end of this chapter,
the explanation given by M. von Savigny, of the treatment of the
nexi and addicti,—connected as it is by analogy with the Solonian
seisachtheia.
[186] Aristot. Polit. i, 4, 23. Τὴς δὲ μεταβλητικῆς ~ψεγομένης
διακίως~ (οὐ γὰρ κατὰ φύσιν, ἀλλ᾽ ἀπ᾽ ἀλλήλων ἔστιν), εὐλογώτατα
μισεῖται ἡ ὀβολοστατική, etc. Compare Ethic. Nikom. iv, 1.
Plutarch borrows from Aristotle the quibble derived from the
word ~τόκος~ (the Greek expression for interest), which has
given birth to the well-known dictum of Aristotle,—that money
being naturally _barren_, to extract _offspring_ from it must
necessarily be _contrary to nature_ (see Plutarch, De Vit. Ær.
Al. p. 829).
In a rude condition, such as that of the ancient Germans described
by Tacitus, loans on interest are unknown: habitually careless of
the future, the Germans were gratified both in giving and receiving
presents, but without any idea that they thereby either imposed or
contracted an obligation.[187] To a people in this state of feeling,
a loan on interest presents the repulsive idea of making profit out
of the distress of the borrower; moreover, it is worthy of remark,
that the first borrowers must have been for the most part men driven
to this necessity by the pressure of want, and contracting debt as a
desperate resource, without any fair prospect of ability to repay:
debt and famine run together, in the mind of the poet Hesiod.[188]
The borrower is, in this unhappy state, rather a distressed man
soliciting aid, than a solvent man capable of making and fulfilling
a contract; and if he cannot find a friend to make him a free gift
in the former character, he will not, under the latter character,
obtain a loan from a stranger, except by the promise of exorbitant
interest,[189] and by the fullest eventual power over his person
which he is in a condition to grant. In process of time a new class
of borrowers rise up, who demand money for temporary convenience or
profit, but with full prospect of repayment,—a relation of lender
and borrower quite different from that of the earlier period, when
it presented itself in the repulsive form of misery on the one side,
set against the prospect of very large profit on the other. If the
Germans of the time of Tacitus had looked to the condition of the
poor debtors in Gaul, reduced to servitude under a rich creditor,
and swelling by hundreds the crowd of his attendants, they would not
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