Old Laws Concerning Debt. the debtor offered a pledge or security for his debt, and the creditor stubbornly refused to accept it, he, the creditor, forfeited his en tire claim. If Tacitus is to be believed, the ancient Germans had no laws on this matter. In their intercourse they never dreamed of de riving a prof1t from the necessities of their neighbors. They freely and with pleasure gave presents to one another, but never fancied for a moment that the recipient was thereby laid under obligation to the donor; and as loans were unknown among them, they had no need to legislate for the recovery of debt, or for the punishment of debtors. The Saxons had stricter rules in their dealings one with another. No traffic of any kind was permitted, except in the pres ence of witnesses, four of whom were re quired by the laws of Canute for any pur chase exceeding in value the sum of four pence. A creditor was required to make three demands in the court of his hundred, before he could even apply to the shiregemot, or county court, to fix a final date for the payment of his claim; on the expiration of which he became at last entitled to levy a distress on his debtor's property. In Russia, before the Empress Catherine's time, indebtedness was punished as a crimi nal offense. Insolvent debtors were often employed by the government as slaves, but were allowed a small sum for their labor, which went towards the liquidation of their liabilities. Private persons likewise hired debtor-prisoners as slaves, but were answer able for their due appearance when called for. In prison their condition was suffi ciently pitiable, their maintenance depend ing almost entirely on the alms dropped by charitable passers-by into little boxes placed outside, for the government undertook to supply only the prison and fuel. I glean the following quaint remarks from an old Welsh law book. " If there be surety for a debt, and before time of pay ment the surety die and leave a son, the son
447
ought to be responsible for the father's debts. Some say that if the son willeth to deny his suretyship over the grave of his father, the legal denial is to be given. We say it ought not to be; for the learned say that the law of this world can affect a person, whether he be gone to heaven or to hell, only until he goes to this earth. The cause is, that although there be law between man and man upon this earth, there is no law be tween devil and devil, and there is no law be tween angel and angel, only the will of God." A method of procedure for debt in good King Howel's time is described thus: "Let the two parties and the surety come before the Judge, and the Judge is to seek an ac knowledgment whether yonder man be a surety or not. 'A surety, God knows,' says the creditor. ' Not a surety, God knows,' says the debtor. Then it is right for the Judge to ask the surety, ' Art thou a surety?' ' I am,' replies the surety. ' It is wholly denied,' says the debtor . . . Then it is right for the Judge to take the relic in his hand and say to the debtor: 'The protec tion of God prevent thee! and the protec tion of the Pope of Rome! and the protec tion of thy lord! do not take a false oath! . . . If the surety counter-swear to the debtor let him counter-swear while the debt or is putting his lips to the relic, after he has sworn ... ' By the relic that is there, I am surety for thee . . . and thou hast perjured thyself . . . and I will have the judgment of the Judge.' And then it is right for the Judge to go out to give judgment." But after all this, such was the law's delay in those times, judgment was deferred until the following Sunday week, when the verdict was pronounced in church, "Between the ' Benedicamus' and the distribution of the sacramental bread." Under the reign of Charles II, prisoners for debt were treated in every respect as felons, and were even denied the privilege of hearing Divine service and the preaching of God's word.
