Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
For the small independent landholder was in a hopeless plight—far more
hopeless than that of the client or emancipated slave who could claim
his lord’s protection. His condition was due to the law of debtor and
creditor—one, it seems, that was unknown to the old patrician community,
and had originated within the plebeian order, but which the Patriciate,
by adopting plebeian forms of law, could use with terrible force against
its inventors. The original procedure was one of the manifold forms of
_nexum_, or binding obligation created by the copper and the scales
(_per aes et libram_). A man who borrowed was allowed to sell his
perpetual services to his creditor conditionally—the condition being the
non-repayment of the debt within a given time.[350] When the prescribed
period had elapsed, the debtor and his whole _familia_ passed into
the power of his purchaser; he became his bondsman (_nexus_) until the
debt was paid by his labour. As in such circumstances the debt was
never likely to be liquidated, the small farmer became a mere dependent
member of the household of the rich landowner, leaning on his mercy and
subject to his caprice. No judicial process was necessary to create the
condition. The simple proof (perhaps given before a magistrate) of the
witnesses to the contract was all that was required. The enslavement of
the citizen was, it is true, forbidden by Roman public law,[351] and the
_nexus_ remained a burgess.[352] But a very thin line separated such a
condition from one of actual slavery.
Public-domain text, read in full here on John Shaqi.
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