The republic of Cicero: Translated from the Latin; and Accompanied With a Critical and Historical Introduction.Cicero, Marcus Tullius
Philosophy
The republic of Cicero: Translated from the Latin; and Accompanied With a Critical and Historical Introduction.
Cicero, Marcus Tullius
Political science -- Early works to 1800; State, The -- Early works to 1800
This passage appears to deserve a note. The words “nexa” and “nectier”
are used in the original. And at the first glance, the passage,
connecting it with the well known custom of keeping debtors in chains,
as well as the memorable occasion which produced this insurrectionary
movement, would appear to declare, that all kinds of bondage for debt
were abolished in future. In early periods, whoever was unable to pay
his debts, was adjudged by a decree of the prætor, to discharge them
in personal services: for which purpose his person was delivered to
his creditor; whose slave in every sense of the word he thus became,
until the debt was discharged. A debtor thus situated was termed
“addictus” or sentenced. Livy, vi. 36., relates “that those against
whom judgments had been given, (addictos) were led out daily in herds
from the Forum, to the mansions of the patricians, which were filled
with enchained debtors: and that wherever a patrician dwelt, there was
a private prison.” That all debtors were subject to actual bonds,
appears from every indebted person under voluntary judgment, being
called “nexus,” meaning linked or chained; and probably when judgment
was passed, debtors were delivered in that condition to the creditors.
But “nexus” changed its meaning, as the word “bond” has done in our
language, where we bind ourselves only with forms. The urgent
necessity of the plebeians, arising out of the exactions of the
patricians, obliged them to borrow money at usury; and upon such
occasions, for money weighed out to him “per æs et libram,” before
witnesses, the borrower pledged his person and liberty to the lender
as security for the debt. This voluntary act, which was equivalent to
a modern confession of judgment, constituted the debtor a “nexus;”
before the period of payment had expired, at which time only he was
liable to fetters. Upon the occasion of the insurrection mentioned in
the passage; a young man of respectable plebeian family, C. Publilius,
surrendered himself to Papirius, a patrician usurer, in the place of
his father who had failed to redeem himself from his “nexus.”
Rejecting the infamous propositions made to him, Papirius caused him
to be cruelly scourged. This transaction having roused the people, the
senate was obliged to consent to the liberation of all persons who had
become “nexi” by their voluntary act, and to order the practice to be
discontinued in future.
I have translated the passage in accordance with this view of the
subject. Niebuhr, vol. i. 506. Livy, vi. 36. viii. 28. &c.
Footnote 19:
The continuation of this passage is, perhaps, found in Nonius Voc.
Exsultare, “which nourishes itself with blood, and which so delights
in every kind of cruelty, that it scarcely can be satiated with the
sad destruction of human beings.”
Footnote 20:
Public-domain text, read in full here on John Shaqi.
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