Quia verò et hujuscemodi iniquitatem in diversis locis nostræ reipublicæ
cognovimus admitti, quia, creditores filios debitorum præsumunt retinere
aut in pignus, aut in servile ministerium, aut in conductionem: hoc
modis omnibus prohibemus: et jubemus ut si quis hujusmodi aliquid
deliquerit, non solum debito cadat, sed tantam aliam quantitatem
adjiciat dandam ei qui retentus est ab eo, aut parentibus ejus, et post
hoc etiam corporalibus pœnis ipsum subdi a loci judice; quia personam
liberam pro debito præsumpserit retinere aut locare aut pignorare.
“That no creditor should presume to retain for debt the son of the
debtor.
“And because we have known that this sort of injustice has been allowed
in several places of our commonwealth,—that creditors presume to keep
the children of their debtors, either in pledge or in slavish
employment, or to hire them out. We by all means forbid all this: and we
order that, if any person shall be guilty of any of these things, not
only shall he lose the debt, but he shall in addition give an equal sum,
to be paid to the person that was held by him, or to the parents of such
person; and, beyond this, he shall be subjected to corporal punishment
by the local judge, because he presumed to restrain or to hire out, or
keep in pledge, a free person.”
The following document will exhibit in some degree the origin of the
principle of escheats to be found in slavery. The slave being freed upon
certain conditions, if they were not fulfilled the master of course
re-entered upon his rights. The manumitted slave was sometimes allowed,
not only freedom, but a certain gift, and often with the condition that,
if he had not lawful issue, the gift, and its increase by his industry,
should revert to the master or his heir. So, in after times, the lord of
the soil, or the monarch, gave portions of land to his vassals upon
condition of service, and, upon failure of service or of heirs, his land
escheated, or went back to the lord of the soil.
The document is found in lib. v. indic. xiv. epist. xii.
* * * * *
GREGORIUS, Montanæ et Thomæ:
_Libertatem dat, et eos cives Romanos efficit._
Public-domain text, read in full here on John Shaqi.
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