The History of the Manners and Customs of Ancient Greece, Volume 3 (of 3)St. John, James Augustus
History
The History of the Manners and Customs of Ancient Greece, Volume 3 (of 3)
St. John, James Augustus
Greece -- Social life and customs
If severity, however, in the laws of debtor and creditor have any
tendency to support credit, the confiding portion of the community had
little reason to complain at Athens, since the spirit of this branch of
Athenian jurisprudence was unusually stern. The man who obtained the
loan of money and fraudulently withheld his security, was deemed to have
committed a capital offence, nor could his high rank or honourable
connexions skreen him from punishment.[1594] For it was considered,
observes the orator, that an offender of this description not only
defrauded the individuals with whom he dealt, but also made an attempt
against the sources of public prosperity, commercial operations
depending not on the borrower but on the lender, without whose
coöperation no ship, or captain, or passenger, can move. On which
account the most effective protection was afforded them by law.
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Footnote 1594:
Dem. in Phorm. § 17. Mr. Bœckh, if the English translation exactly
represents his meaning, understands this passage differently, and his
interpretation is more favourable to the Athenian law: “Even a
citizen, who, in his capacity of a merchant, _withdrew_ from a
creditor a pledge for a sum vested in bottomry, could be punished with
loss of life.” (Pub. Econ. of Athens, i. 69.) It may be doubted,
however, whether οὐ παρασχόντα τὰς ὑποθήκας can mean anything more
than “withholding the securities;” and I, therefore, suppose Bœckh’s
translators to have employed the verb “withdraw” for “withhold.”
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Public-domain text, read in full here on John Shaqi.
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