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
It is probable that in early times plebeian law recognised no debt except
that created by the nexal contract. But as Roman commerce extended it
was impossible to observe this limitation; refinements of procedure
extended this penalty to debts incurred by the patrician form of mere
verbal promise (_stipulatio_, _sponsio_). The form of procedure in this
case is known to us from the Twelve Tables. If the debt was confessed
or proved before a court, an interval of thirty days was given to the
debtor wherein to pay; at the end of this period he was arrested by the
creditor (_manus injectio_) and brought before the consul, by whom, if
no champion (_vindex_) presented himself to contest the debt, he was
bound over (_addictus_) to the creditor. The latter could take him home
and put him in bonds, but must give him a pound of corn a day. Another
interval of sixty days followed, within which the prisoner was presented
to the magistrate on three court days (_nundinae_). On the last his
fate was sealed. He was no longer in the condition even of the _nexus_.
His creditor might put him to death or sell him as a slave beyond the
Tiber.[353] If there were more creditors than one,[354] they might
divide the debtor’s body into equal portions; and the Twelve Tables
gave immunity to the creditor who took more than his fair share of the
flesh. This death-penalty was doubtless a humane alternative to perpetual
imprisonment. Even if it did not submit the penalty, as a capital one,
to appeal (_provocatio_), the danger, which could be brought home to
relatives and friends by gradual mutilation, disfiguring but not fatal,
must have roused their efforts to effect a ransom. It was the application
of this law of debt, perhaps in even a harsher and more primitive form,
that called forth the first resistance from the Plebs. The perpetual
struggle for existence in which Rome was now engaged kept her armies
constantly in the field, and the small farmer on service, who had no
slaves, had to let his farm go to ruin in his absence and to mortgage
his body when he returned.[355] The most obvious remedy was a general
strike against the military levy; and this was attempted. Already in 495
a riot had been raised in Rome, which was only appeased by the promises
of a popular consul, Servilius, that the _nexi_ should be released for
service, and that no one should seize goods or pledges from a soldier
while he was in the field. The liberated citizens scattered the Volsci
and Aurunci; their reward was a more rigorous enforcement of the law
of debt by the other consul Appius. Servilius was appealed to, but
would not use his right of veto against his colleague. It was plain
that no one could rely on a consul’s _auxilium_ being used on behalf of
the Plebs.[356] A fierce stand against the conscription was now made
by the desperate Plebeians; the patrician answer was the appointment
of a dictator. Again the army took the field against the Volscians
Public-domain text, read in full here on John Shaqi.
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