Niebuhr's lectures on Roman history, Vol. 1 (of 3)Niebuhr, Barthold Georg
History
Niebuhr's lectures on Roman history, Vol. 1 (of 3)
Niebuhr, Barthold Georg
Rome -- History
The general law of debt, as it is found in the East, among the Greeks,
among the northern nations, as well as among the Romans, is this,
that the borrower could pledge himself and his family for the debt.
According to Plutarch, in his life of Solon, there were at Athens
nearly a thousand bondmen for debt, who, if they were not able to
pay, were sold to the foreigner. Among the Romans personal arrest
existed in its sternest form. People either liquidated their debts
by personal servitude, or else they alienated their property for a
certain time, or in case of severe distress for life, or else they
also sold themselves,--by which likewise the children, who were still
_in patria potestate_, came _per æs et libram_ into the _mancipium_
of the buyer,--yet with the condition that they might be redeemed.
This bondage lasted until they emancipated themselves again _per æs
et libram_. Our personal arrest of insolvent debtors is the still
remaining half of this ancient right, which ceases to have any meaning,
owing to the other half having been done away with by milder manners.
The German also could in olden times give up his freehold and his
person to another, whose bondman he then became. In order to escape
the addiction, the borrower could eventually sell his property as a
security; yet he was bound in conscience to redeem it after a certain
time. The _Fides_ answered for it that the creditor also would not
withhold from the debtor the opportunity of redeeming himself, even
when his person and his family were concerned. For this reason the
_Fides_ was a goddess of such importance among the Romans: as under
such strict forms of law, people would have utterly been ruined without
her. If a debtor did not discharge his debt, he was forfeited to his
creditor, being _fiduciarius_ in his _mancipium_; yet the latter could
not directly _manum injicere_, an addiction of the prætor being wanted
for that purpose. He had to _in jure vindicare_ him with the words,
_Hunc ego hominem meum esse aio ex jure Quiritium_; and without doubt
the five witnesses and the _libripens_, before whom the contract had
been concluded, were to be present. The prætor then gave a respite; and
if after its expiration payment was not made, and the debtor therefore
was not able to prove the _liberatio per æs et libram_, the ὑπερήμενος
was addicted to the creditor. In the old Attic law, it was just the
same; yet Solon had without doubt abolished it, and introduced in its
stead the Attic law of mortgage, from which the later Roman one is
derived. For the _equites_ in their important money transactions tried
to evade the strict debtor’s law, by causing them to be managed by
foreigners who were not subject to the Roman laws. Thence arose the
laws concerning the _chirographa_ and _centesima_, a discount business
for so short a date was not done in Rome at all. The _Addictus_ was
termed _nexus_, because of his being _nexu vinctus_. _Nexus_, or
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