“Caesar did not confine himself to helping the debtor for the moment; he did what as legislator he could, permanently to keep down the fearful omnipotence of capital. First of all the great legal maxim was proclaimed, that freedom is not a possession commensurable with property, but an eternal right of man, of which the state is entitled judicially to deprive the criminal alone, not the debtor. It was Caesar, who, perhaps stimulated in this case also by the more humane Egyptian and Greek legislation, especially that of Solon,(68) introduced this principle--diametrically opposed to the maxims of the earlier ordinances as to bankruptcy-- into the common law, where it has since retained its place undisputed. According to Roman law the debtor unable to pay became the serf of his creditor.(69) The Poetelian law no doubt had allowed a debtor, who had become unable to pay only through temporary embarrassments, not through genuine insolvency, to save his personal freedom by the cession of his property;(70) nevertheless for the really insolvent that principle of law, though doubtless modified in secondary points, had been in substance retained unaltered for five hundred years; a direct recourse to the debtor's estate only occurred exceptionally, when the debtor had died or had forfeited his burgess-rights or could not be found. It was Caesar who first gave an insolvent the right--on which our modern bankruptcy regulations are based-- of formally ceding his estate to his creditors, whether it might suffice to satisfy them or not, so as to save at all events his personal freedom although with diminished honorary and political rights, and to begin a new financial existence, in which he could only be sued on account of claims proceeding from the earlier period and not protected in the liquidation, if he could pay them without renewed financial ruin.”

Restriction on 'usury' or restrictions on the laws in relation to the collection of interest
Vol. 4, pt. 2, translated by W.P. Dickson.
The History of Rome - Volume 4: Part 2

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Theodor Mommsen 65
German classical scholar, historian, jurist, journalist, po… 1817–1903

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“Strange as it sounds, although Man thought himself hardly treated in respect to freedom, yet, if freedom meant superiority, Man was in action much the superior of God, whose freedom suffered, from Saint Thomas, under restraints that Man never would have tolerated. Saint Thomas did not allow God even an undetermined will; he was pure Act, and as such he could not change. Man alone was, in act, allowed to change direction. What was more curious still, Man might absolutely prove his freedom by refusing to move at all; if he did not like his life, he could stop it, and habitually did so, or acquiesced in its being done for him; while God could not commit suicide or even cease for a single instant his continuous action. If Man had the singular fancy of making himself absurd,— a taste confined to himself but attested by evidence exceedingly strong,— he could be as absurd as he liked; but God could not be absurd. Saint Thomas did not allow the Deity the right to contradict himself, which is one of Man's chief pleasures. While Man enjoyed what was, for his purposes, an unlimited freedom to be wicked,— a privilege which, as both Church and State bitterlly complained and still complain, he has outrageously abused,— God was Goodness and could be nothing else. […] In one respect, at least, Man's freedom seemed to be not relative but absolute, for his thought was an energy paying no regard to space or time or order or object or sense; but God's thought was his act and will at once; speaking correctly, God could not think, he is. Saint Thomas would not, or could not, admit that God was Necessity, as Abélard seems to have held, but he refused to tolerate the idea of a divine maniac, free from moral obligation to himself. The atmosphere of Saint Louis surrounds the God of Saint Thomas, and its pure ether shuts out the corruption and pollution to come,— the Valois and Bourbons, the Occams and Hobbes's, the Tudors and the Medicis of an enlightened Europe.”

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