History of the Decline and Fall of the Roman Empire — Volume 4Gibbon, Edward
History
History of the Decline and Fall of the Roman Empire — Volume 4
Gibbon, Edward
Byzantine Empire -- History -- To 527; Rome -- History -- Empire, 30 B.C.-476 A.D.
Usury, the inveterate grievance of the city, had
been discouraged by the Twelve Tables, and abolished by the clamors of
the people. It was revived by their wants and idleness, tolerated by
the discretion of the prÊtors, and finally determined by the Code of
Justinian. Persons of illustrious rank were confined to the moderate
profit of _four per cent_.; six was pronounced to be the ordinary and
legal standard of interest; eight was allowed for the convenience of
manufactures and merchants; twelve was granted to nautical insurance,
which the wiser ancients had not attempted to define; but, except in
this perilous adventure, the practice of exorbitant usury was severely
restrained. The most simple interest was condemned by the clergy of the
East and West; but the sense of mutual benefit, which had triumphed over
the law of the republic, has resisted with equal firmness the decrees of
the church, and even the prejudices of mankind.
3. Nature and society impose the strict obligation of repairing an
injury; and the sufferer by private injustice acquires a personal right
and a legitimate action. If the property of another be intrusted to our
care, the requisite degree of care may rise and fall according to the
benefit which we derive from such temporary possession; we are seldom
made responsible for inevitable accident, but the consequences of a
voluntary fault must always be imputed to the author. A Roman pursued
and recovered his stolen goods by a civil action of theft; they might
pass through a succession of pure and innocent hands, but nothing less
than a prescription of thirty years could extinguish his original claim.
They were restored by the sentence of the prÊtor, and the injury was
compensated by double, or threefold, or even quadruple damages, as the
deed had been perpetrated by secret fraud or open rapine, as the robber
had been surprised in the fact, or detected by a subsequent research.
The Aquilian law defended the living property of a citizen, his slaves
and cattle, from the stroke of malice or negligence: the highest price
was allowed that could be ascribed to the domestic animal at any moment
of the year preceding his death; a similar latitude of thirty days was
granted on the destruction of any other valuable effects. A personal
injury is blunted or sharpened by the manners of the times and the
sensibility of the individual: the pain or the disgrace of a word or
blow cannot easily be appreciated by a pecuniary equivalent. The rude
jurisprudence of the decemvirs had confounded all hasty insults, which
did not amount to the fracture of a limb, by condemning the aggressor to
the common penalty of twenty-five _asses_. But the same denomination
of money was reduced, in three centuries, from a pound to the weight of
half an ounce: and the insolence of a wealthy Roman indulged himself
in the cheap amusement of breaking and satisfying the law of the twelve
tables. Veratius ran through the streets striking on the face the
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