principal of that which he had borrowed.
The Lex Pœtelia, passed about B. C. 325, liberated all the nexi
then under liability, and interdicted the nexi obligatio forever
afterwards (Cicero, De Republ. ii, 34; Livy, viii, 28). Here,
as in the seisachtheia of Solon, the existing contracts were
cancelled, at the same time that the whole class of similar
contracts were forbidden for the future.
But though the nexi obligatio was thus abolished, the old
stringent remedy still continued against the debtor on loan,
_as far as the principal sum borrowed_, apart from interest.
Some mitigations were introduced: by a Lex Julia, the still
more important provision was added, that the debtor by means of
a cessio bonorum might save his person from seizure. But this
cessio bonorum was coupled with conditions which could not always
be fulfilled, nor was the debtor admitted to the benefit of it,
if he had been guilty of carelessness or dishonesty. Accordingly,
the old stringent process, and the addiction in which it ended,
though it became less frequent, still continued throughout the
course of Imperial Rome, and even down to the time of Justinian.
The private prison, with adjudicated debtors working in it, was
still the appendage to a Roman money-lender’s house, even in the
third and fourth centuries after the Christian era, though the
practice seems to have become rarer and rarer. The status of the
_addictus debitor_, with its peculiar rights and obligations, is
discussed by Quintilian (vii, 3); and Aulus Gellius observes:
“Addici namque _nunc_ et vinciri multos _videmus_, quia
vinculorum pœnam deterrimi homines contemnunt,” (xx, 1.)
If the _addictus debitor_ was adjudged to several creditors, they
were allowed by the Twelve Tables to divide his body among them.
No example was known of this power having been ever carried into
effect, but the law was understood to give the power distinctly.
It is useful to have before us the old Roman law of debtor and
creditor, partly as a point of comparison with the ante-Solonian
practice in Attica, partly to illustrate the difference drawn in
an early state of society between the claim for the principal and
the claim for the interest.
See the Abhandlung of Von Savigny in the Transactions of the
Berlin Academy for 1833, pp. 70-103; the subject is also treated
by the same admirable expositor, in his System des heutigen
Römischen Rechts, vol. v, sect. 219, and in Beilage xiv, 10-11 of
that volume.
Public-domain text, read in full here on John Shaqi.
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