THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ XXXII ~ |
NO
ONE SHALL RETAIN THE LAND OF A FARMER GIVEN BY
WAY OF SECURITY FOR A LOAN, NOR SHALL CREDITORS RECEIVE
EXCESSIVE INTEREST FROM FARMERS. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The
Emperor Justinian to Agerochius, Most Illustrious Governor of Emimons
in Thrace. |
PREFACE. |
An
evil greater than excessive impiety and avarice exists, which We consider
necessary to remedy by a general law, that shall be applicable not only
for the present, but for all time to come. For We have ascertained that
certain persons in the province which you govern have not hesitated,
when there was a scarcity of grain, to lend a small amount of seed to
farmers, in order to obtain possession of their land, the consequence
of which is that the majority of the unfortunate farmers have been obliged
to take to flight; that many have perished from hunger; and that a horrible
contagious disease, not less terrible than the invasion of the barbarians,
has been added to their other misfortunes. |
CHAPTER I. |
Therefore
We order that, where persons who have lent farmers any quantity of dried
fruit, and have received from them security for their loans,
they shall return said security without being able to retain the land
of the debtors, under the pretext of such loans, whether the agreement
was reduced to writing or not; that creditors shall only be authorized
to take, by way of interest, the eighth part of a measure annually for
each measure furnished, where dried fruit has been lent; or one siliqua
a year for each aureus, where the loan is of money. Moreover,
creditors shall, in the future, be content with the said eighth part
of a measure annually for every measure lent, or with one siliqua
annually for every aureus lent, no matter what may be the amount
of the loan. They shall be compelled to return everything which they
have taken in pledge, whether it be land or other property of the debtor,
for instance, cattle, sheep, or slaves. This provision of the present
law affords everyone an example of humanity and forbearance, and, at
the same time, provides for the necessities of indigent debtors and
the interests of creditors. |
EPILOGUE. |
Your
Illustrious Highness will take measures to have this constitution carried
into effect, and every creditor is hereby notified that if he dares
to do anything contrary to its provisions, he will be deprived of the
right to recover what he has loaned, and he who has sustained the injury
shall be compensated, either by being released from liability, or by
knowing that his creditor has lost his property. |
Given at Constantinople, on the fifteenth of the Kalends of July, during the Consulate of Belisarius. |
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