Historical Introduction to the Roman Law

Cover Historical Introduction to the Roman Law
Historical Introduction to the Roman Law
Frederick Parker Walton
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This matter will be dealt with in the chapter on the Law of Debtor and Creditor. A debtor of a sum of money against whom his creditor has obtained a judgment, or a debtor who has made a formal admission in Court of his liability, may be seized by the creditor and held as a bondsman. His position is that which will be described in speaking of the debtor under a nexwin.
Per Pignoris Cajyionem. — This was a right of summary execution without judgment against the property of a debtor in certain cas
...es. E. G. The publicans who farmed the taxes had the right to seize the property of persons who were in arrears with their taxes, and by the Twelve Tables one who had sold on credit an animal for sacrifice and could not get the buyer to pay him, was entitled to 'pignoris capio. And a soldier had his right against the official who was responsible to him for his pay — the trihumis aerarius. The case of the publican and that of the soldier may, perhaps, be explained most naturally as cases in which upon public grounds the State delegates to an individual its own exceptional power of enforcing payment from its debtors.

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