[29] This affords curious and instructive information as to the cost
of books in the seventh century. The silver _solidus_ is meant,
as, where any coin referred to is of gold, the fact is always stated
in the _Forum Judicum_. As the _solidus_ was nominally worth
$4.00 of our money, but in reality $44.00, taking into consideration
the difference of values at that and the present time, it will be seen
that the price fixed by law, of a copy of the Visigothic Code, was
$17,600.00. This appears incredible, but it must be borne in mind that
all books were in manuscript; that few persons were qualified to write
them; and, as ignorance was almost universal, the demand for literature
was extremely limited. The preparation of a literary work was then a
formidable and expensive undertaking. Most of the books of that age,
and, indeed, for centuries subsequently, were of a religious character,
such as missals, fabulous chronicles of the Church, and spurious and
imaginary biographies of saints. Making the sale of a collection
of laws at a price above a certain sum a penal offence, punishable
with the scourge, is an example of crime unique among the _mala
prohibita_.--[ED.]
[30] Twelve and a half per cent was the ordinary rate; but, in some
instances, it was much higher. The law against usury was habitually
violated by the Jews, who extorted enormous rates of interest both from
individuals and from the Crown.--[ED.]
[31] All the laws relating to bailments, included under this and the
preceding Title, are of ancient origin; that is, borrowed, almost
without change, from the Roman jurisprudence. The responsibility of
the bailee for property entrusted to him, is determined by the same
principles which experience and a sense of equity, in all ages, have
demonstrated to be just and expedient, and which form the basis of
similar contracts at the present day. The requirement of ordinary or
extraordinary diligence and care was then, as now, dependent upon the
question whether one or both parties derived benefit from the bailment.
In case of gross negligence or fraud, the bailor was entitled to an
animal or article of equal value to the one lost or destroyed; just as
he can now, under similar circumstances, recover damages in a suit at
law. The forfeiture of half the value of the property loaned, when it
was stolen, and negligence was not established, or even alleged, is a
novel regulation, and one especially calculated to render the bailee
more careful and alert. The custom of pawning property as security for
money loaned is, no doubt, as ancient as any business transaction, and
is the _pignori acceptum_ of the Roman, and Civil and Common Law
authorities. The question of negligence does not seem to have been
considered where a pledge was stolen; for, in this case, the entire
loss was sustained by the bailor, and not half of it, as when the
article was merely loaned by way of accommodation, and no remuneration
for its use was expected.--ED.
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