Law -- England; Poor -- England; Poor laws -- England; Working class -- England
The Roman laws against the debtor upon which we have ultimately modelled
our own were equally harsh and would nearly satisfy the moneylender or
tally-man of any age. Upon notice, a debtor had thirty days in which to
discharge his debt. If he did not do so his creditor carried him off in
chains. Note, however, that he was not a slave, but his creditor had to
keep him in chains for another sixty days, during which time he had to
bring the debtor out on three successive market days to give his friends
an opportunity of paying up and releasing him. The creditor had also to
provide the debtor with a pound of bread a day. In these socialist days we
take that burden off the creditor's shoulder and a generous State feeds
the imprisoned debtor at the cost of the community. On the third market
day, if the debtor's friends were still backward in coming forward, the
debtor was killed and thrown into the Tiber, or his body was divided among
his creditors, which was the only dividend they received. If there was any
market for him he was sold into slavery. It seems that in the very early
days of Ancient Rome each creditor had a right to carve his pound of flesh
from off the debtor. Portia's point against Shylock:
... nor cut thou less, nor more,
But just a pound of flesh:...
was foreseen and provided for in the drafting of the Twelve Tables. It is
enacted in the Third Table: "After the third market day the creditors may
cut their several portions of his body: and any one that cuts more or less
than his just share shall be guiltless." Unless, therefore, the laws of
Venice amended or repealed the Twelve Tables, Shylock's case seems to have
been wrongly decided. What is at least curious is that the ancient idea of
debtor and creditor law embodied in those ancient statutes should be the
foundation of one of the most popular plays in the English language.
Some good people have found a difficulty in understanding Shylock's
outlook on life and cannot comprehend why a creditor should enjoy killing
a debtor. But, after all, it is equally strange why a creditor should
take pleasure in imprisoning a debtor. Yet to-day thousands of debtors go
to prison because they have not means to pay their creditors. The
difference between killing and imprisoning a debtor is a difference in
degree only. The principle is the same. The object of the creditor is,
perhaps, in the first place, to get repaid his debt; when he finds this is
impossible the death or imprisonment of the debtor merely satisfies his
desire for revenge. The ancient Romans were, in one way, a more practical
people than ourselves, for they threw the costs of this revenge direct
upon the creditor, whereas we throw it upon the taxpayer. If this
particular impost were made upon me in any direct manner it would almost
persuade me to be a passive resister.
Public-domain text, read in full here on John Shaqi.
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