THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ XXXIV ~ |
NO
ONE WHO HAS LENT MONEY TO A FARMER SHALL RETAIN HIS LAND WHICH HAS BEEN
GIVEN AS SECURITY, AND WHAT RATE OF INTEREST CREDITORS ARE ALLOWED TO
RECEIVE FROM FARMERS. |
|
( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Same Emperor to Agerochius, Most Illustrious Governor of Emimons in Thrace. |
PREFACE. |
We have considered
it advisable to correct a most atrocious and inhuman abuse which is
far worse than any act of impiety or avarice, and administer a remedy
applicable to all persons, not only in this present time of necessity,
but throughout all future ages; for it has come to Our ears that certain
persons, in the province which you govern, being induced by avarice
to take advantage of the public distress, and, having drawn up agreements
bearing interest, by which they loaned a small amount of grain, have
seized the lands of the debtors, and that, for this reason, some farmers
have fled and concealed themselves, others have died of starvation,
and pestilence, not less terrible than a barbarian invasion, has, in
consequence of the failure of the crops, afflicted the people. |
CHAPTER I. |
Hence
We order that all creditors of this kind, no matter what may be the
value of the articles which they have loaned, or whether they consist
of wheat, barley, or other grain, or dried fruits, shall hereafter be
entitled to receive annual interest on such articles at the rate of
the eighth part of a measure for each measure furnished, and must return
to the farmers the lands which they have taken in pledge, without being,
under any circumstances, permitted to hold them under the pretext of
a loan at interest, whether the obligation has been committed to writing
or not. Where the
creditor has lent money, the debtor shall not be required to pay him
any more interest on the same than one siliqua annually for
each solidus. We extend to all Our subjects the benefit of
this salutary law, which shall be observed in every respect now, as
well as in the future. Thus, as We have just said, creditors who have
lent wheat, barley, or other grain at interest, shall receive annually
the eighth of a measure for each measure, or a siliqua for
each solidus furnished, according to the nature of the article
in question; and they shall return to their debtors the lands or other
property such as cattle, sheep, and slaves, which they have taken by
way of pledge. This law shall apply to all Our subjects, for it is humane
and just, it relieves the poor, and affords adequate compensation to
creditors. |
EPILOGUE. |
Your
Highness shall hasten to put this law into execution throughout the
entire province subject to your government. Creditors are notified that
if they should violate it in any way, they will lose the right to collect
what they have lent; and debtors will have the consolation of knowing
that they are discharged from liability for their obligations, and that
their avaricious creditors have lost their property. |
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