nd a burgess, particularly
the obligation given by those who became sureties for a payment
to the state (-praevides-, -praedes-), were valid without further
formality. On the other hand, contracts between private persons
under ordinary circumstances gave no claim for legal aid on the
part of the state. The only protection of the creditor was the
debtor's word of honour which was held in high esteem after the
wont of merchants, and possibly also, in those frequent cases where
an oath had been added, the fear of the gods who avenged perjury.
The only contracts legally actionable were those of betrothal (the
effect of which was that the father, in the event of his failing
to give the promised bride, had to furnish satisfaction and
compensation), of purchase (-mancipatio-), and of loan (-nexum-).
A purchase was held to be legally concluded when the seller delivered
the article purchased into the hand of the buyer (-mancipare-) and
the buyer at the same time paid to the seller the stipulated price
in presence of witnesses. This was done, after copper superseded
sheep and cattle as the regular standard of value, by weighing out
the stipulated quantity of copper in a balance adjusted by a neutral
person.(4) These conditions having been complied with, the seller
had to answer for his being the owner, and in addition seller and
purchaser had to fulfil every stipulation specially agreed on; the
party failing to do so made reparation to the other, just as if he
had deprived him of the article in question. But a purchase only
founded an action in the event of its being a transaction for
ready money: a purchase on credit neither gave nor took away the
right of property, and constituted no ground of action. A loan
was negotiated in a similar way; the creditor weighed over to the
debtor in presence of witnesses the stipulated quantity of copper
under the obligation (-nexum-) of repayment. In addition to
the capital the debtor had to pay interest, which under ordinary
circumstances probably amounted to ten per cent per annum.(5) The
repayment of the loan took place, when the time came, with similar
forms.

Private Process

If a debtor to the state did not fulfil his obligations, he was
without further ceremony sold with all that he had; the simple
demand on the part of the state was sufficient to establish the
debt. If on the other hand a private person informed the king of
any violation of his property (-vindiciae-) or