THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ LXXXIII ~ |
A
LOAN OF MONEY BEARING INTEREST AT FOUR PER CENT CAN LEGALLY BE MADE. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
If mankind would permit themselves to be governed by divine laws in such a way that they would not need human ones, this would be most admirable and salutary, but as everyone cannot raise himself to the level of the Divine Spirit and obey its rules, and as the number of those whose virtue leads them to adopt such a course is very small, there are a great many who still live only in accordance with the laws of man. Divine precepts universally prohibit the loan of money at interest; hence Our Father, a sovereign of eternal memory, being well aware of this, thought it advisable to enact a law forbidding interest to be received when anything was loaned. This law, however, on account of the general poverty, did not effect the improvement which the legislator proposed to accomplish; but, on the other hand, made matters worse; for those who previously had been induced to lend money with the expectation of collecting interest, after this law was enacted, for the reason that they could obtain no advantage from the loans, became inexorable and cruel towards those who were in need of cash. Again, this afforded a convenient occasion for taking oaths, and the inevitable result, that is to say, the commission of perjury, followed. In short, on account of the extraordinary perversity of human nature, this law was not productive of any benefit, but in fact had a contrary effect. Therefore, although We do not regard it as actually bad, which, indeed, it was far from being, still, since human nature (as We have previously stated) is not capable of such perfection, We decided to abrogate it; and We now decree, in opposition thereto, that money loaned shall draw interest in accordance with the rate established by Our predecessors, namely four per cent per annum. |
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