Page:The age of Justinian and Theodora (Volume 2).djvu/364

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debtor in pieces in order that each of them might take possession of a section.[1] The various popular measures which were passed from time to time with the view of relieving the citizens of debt and restraining the oppressive creditor are treated of at length by the Latin historians.[2] Such enactments compelled a spirit of moderation among those who practised usury, and many debtors were assisted by arrangements comparable to modern bankruptcy. Ultimately the increase of power and wealth in the Republic, and the concessions granted to the overflowing population by aspirants to personal dominion effaced most of the hardships which were so galling in the primitive community; but no permanent legislation was ever devised which effectually curbed a creditor prone to drastic exaction of money due. Thus in the eleventh year of this reign we find Justinian forbidding that the corpse of a debtor should be impounded with the object of forcing immediate payment of a debt from his heirs, the attached penalty being confiscation of the sum owing, together with a third of the fortune of the offending person.[3] And nearly twenty years later he was obliged to enact that creditors should not seize the sons of debtors and retain them in slavery as a gage of the amount owing being paid.[4] In this case the delinquents were to forfeit the debt and also an equal sum to the youth kept in bondage, and in addition were to be sentenced to a flogging by the local Rector. At the same time the Emperor decreed that securities given by women in respect of their husband's debts were to be void of effect; whilst under no circumstances were females, even when liable to the fisc, to be sent to a

  1. XII Tab., iii, 5 (Aul. Gel., xx, 1).
  2. Livy, vi, 34; vii, 42, etc.
  3. Nov. lx.
  4. Nov. cxxxiv, 7.