Roman Law and the Legal World of the Romans

Documents

Several of the documents above referred to real security – • that is, cash or items that would back up payment, as we are familiar with today. Roman law was also very interested in “personal security.” This is like a person “cosigning” for a modern loan, guaranteeing payment if the primary bor rower does not make good. The underlying debt is created by a loan (a real contract; • see Chapter 12), so this transaction is protected by two con tracts. Interestingly, neither explicitly mentions an interest rate. The oath does not have a specific legal force here (cf. • [12]) . Oaths could bring an end to a case, but only if both sides agreed in advance (a procedure that does seem to be reflected elsewhere in this archive). The limit on multiple guarantees in the last sentence was • required by law, though the phrasing here may be slightly wrong. Written-commitment of Niceros, slave of the colonists, for HS 1,000 for next 1 July 52. 7 March 52. I, Niceros, slave treasurer of the colonists of Puteoli, have written that I have received HS 1,000 in cash as a loan and owe them to Gaius Sulpicius Cinnamus. Gaius Sulpicius Cinnamus asked for a formal prom ise for the above-specified HS 1,000 to be paid next 1 July; I, Niceros, slave treasurer of the colonists of Puteoli, made the promise. HS 1,000 for next 1 July. [11] TPSulp 56

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