20.15. 15. Of seizing the Persons of Merchants.
Solon made a law that the
Athenians should no longer seize the body for civil debts.
[11]
This law he received from Egypt. It had been made by Boccoris, and renewed by
Sesostris.
[12]
This law is extremely good with respect to the generality of civil
affairs; but there is sufficient reason for its not being observed in
those of commerce.
[13]
For as merchants are obliged to entrust large
sums, frequently for a very short time, and to pay money as well as to
receive it, there is a necessity that the debtor should constantly
fulfil his engagements at the time prefixed; and hence it becomes
necessary to lay a constraint on his person.
In affairs relating to common civil contracts, the law ought not to
permit the seizure of the person; because the liberty of one citizen is
of greater importance to the public than the ease or prosperity of
another. But in conventions derived from commerce, the law ought to
consider the public prosperity as of greater importance than the liberty
of a citizen; which, however, does not hinder the restrictions and
limitations that humanity and good policy demand.
Footnotes
[11]
Plutarch, Against Lending Upon Usury, 4.
[12]
Diodorus, Book i, part II, 79.
[13]
The Greek legislators were to blame in preventing the arms and
plough of any man from being taken in pledge, and yet permitting the
taking of the man himself. — Ibid.
