Principles of Political Economy, Vol. 1Roscher, Wilhelm
History
Principles of Political Economy, Vol. 1
Roscher, Wilhelm
Economics
B. The canon law introduced milder principles. Gregory the Great had
already prohibited the holding on to the body of the debtor.(549) On this
account, during the latter portion of the middle ages, it was customary to
stipulate by contract that the provisions of the ancient law should govern
in this matter, to submit to imprisonment etc.(550) The influence of the
Roman law made it gradually more usual, in the case of insolvent debtors,
to demand no more from them than the assignment of their property for the
benefit of their creditors. This, however, led to numerous frauds; and
these became more frequent in proportion as the laws governing the
property of parties while the marriage relation existed between them, and
as executions against landed property etc. were defective.
C. Hence, in more highly civilized times, there has been a return to the
severity of earlier ages. Persons engaged in commerce, especially those
whose capital is so volatile, and to whom time is a thing so precious, can
scarcely dispense willingly with personal imprisonment for debt. Hence,
legislation on bills of exchange, sanctioned especially by imprisonment of
the person, plays a very important part in the commercial cities of the
seventeenth century, as it did, naturally, much earlier in Italy and the
Netherlands.(551) Modern laws in many cases punish the bankrupt whenever
an examination of his books, kept after approved methods, does not
demonstrate his innocence.(552) The great facility of fraudulent
bankruptcy, where commerce has attained a high degree of development and
complication; the absence of honor shown in engaging in speculation for
one’s own gain with a stranger’s capital, and without the real owner’s
knowledge; the comparatively small number of blameless and irreproachable
bankruptcies,(553) certainly justify these provisions.(554)(555)
Section XCIII.
Means Of Promoting Credit.
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