Lator præsentium, Cosmas Syrus, in negotio quod agebat, debitum se
contraxisse perhibuit, quod, et multis aliis et lacrymis ejus
attestantibus, verum esse credidimus. Et quia 150 solidos debebat, volui
ut creditores illius cum eo aliquid paciscerentur: quoniam et lex habet,
ut homo liber pro debito nullatenus teneatur, si res defuerint, quæ
possunt eidem debito addici, creditores ergo suos, ut asserit, ad 80
solidos consentire possibile est. Sed quia multum est ut a nil habente
homine 80 solidos petant, 60 solidos per notarium tuum tibi
transmisimus; ut cum eisdem creditoribus subtiliter loquaris, rationem
reddas, quia filium ejus quem tenere dicuntur, secundum leges tenere non
possunt. Et si potest fieri, ad aliquod minus quam nos dedimus,
condescendant. Et quidquid de eisdem 60 solidis remanserit, ipsi trade,
ut cum filio suo exinde vivere valeat. Si autem nil remanet, ad eamdem
summam debitum ejus incidere stude, ut possit sibi libere postmodum
laborare. Hoc tamen solerter age, ut acceptis solidis ei plenariam
munitionem scripto faciant.
* * * * *
“GREGORY, to the Proctor Fantinus:
_Of Cosmas, the Syrian, deeply in debt._
“The bearer hereof, Cosmas the Syrian, has informed us that he
contracted many debts in the business in which he was engaged. We
believe it to be true; he has testified it with many tears and
witnesses. And, as he owes 150 shillings, I wish his creditors would
make some composition with him. And as the law regulates that no freeman
shall be held for a debt, if there be no goods which can be attached for
that debt, he says that his creditors may be induced to accept 80
shillings; but it is extravagant on their part to ask 80 shillings from
a man who has nothing. We have sent you 60 shillings by your notary,
that you may have a discrete conference with his creditors, and explain
matters to them, because they cannot legally hold his son, whom they are
said to keep. And if they will come down to any thing less, by your
efforts, than the sum that we send, should any thing remain of the 60
shillings, give it to him to help to support himself and his son; should
nothing be left, exert yourself to have his debt cancelled by that
amount sent, so that henceforth he may be free to exert himself for his
own benefit. But be careful, in doing this, to get for him a full
receipt and discharge in writing for this money that they get.”
The law to which the pope refers, and by which the persons of the
unfortunate debtor and his family were protected, is found in Novell.
134, c. vii., and was enacted by Justinian I. in 541.
_Ne quis creditor filium debitoris pro debito retinere præsumat._
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account