[IDEM libro singulari de usuris. ] §22.1.17.prCum quidam cauisset se quotannis quincunces usuras praestaturum et, si quo anno non soluisset, tunc totius pecuniae ex die qua mutuatus est semisses soluturum, et redditis per aliquot annos usuris mox stipulatio commissa esset, diuus Marcus Fortunato ita rescripsit: 'Praesidem prouinciae adi, qui stipulationem, de cuius iniquitate quaestus es, ad modum iustae exactionis rediget'. haec constitutio ad finitum modum excedit: quid ergo? sic temperanda res est, ut in futurum dumtaxat ex die cessationis crescat usura.
[THE SAME, from his single book on Interest.] When a certain person had agreed that he would pay interest of five-twelfths of one percent per month (five percent per year) annually, and that, if in any year he should fail to pay, he would then pay interest of six-twelfths (six percent per year) on the entire sum from the day he borrowed it, and after interest had been paid for several years, the stipulation was soon after forfeited, the Divine Marcus replied to Fortunatus: "Go to the governor of the province, who will reduce the stipulation, of whose injustice you have complained, to the measure of a just demand." This constitution exceeds a limited scope: what then? The matter must be so regulated that for the future the interest shall accrue only from the day of the default.
§22.1.17.1Diuus Pius ita rescripsit: 'Parum iuste praeteritas usuras petis, quas omisisse te longi temporis interuallum indicat, qui eas a debitore tuo, ut gratior apud eum uidelicet esses, petendas non putasti'. §22.1.17.2In tacito fideicommisso omne emolumentum heredi auferendum et fisco praestandum diuus Pius rescripsit: ergo et usurarum emolumentum aufertur heredi.
The Divine Pius replied: "You demand past interest with little justice, since the lapse of a long interval of time indicates that you waived it, you having thought that it should not be demanded from your debtor, obviously in order to make yourself more agreeable to him." The Divine Pius replied that in a tacit trust (fideicommissum), every benefit must be taken from the heir and paid to the treasury: therefore, the benefit of interest is also taken from the heir.
§22.1.17.3Si pupillo non habenti tutorem fideicommissum solui non potuit, non uideri moram per heredem factam diuus Pius rescripsit.
If a trust could not be paid to a ward who had no guardian, the Divine Pius replied that default is not considered to have been made by the heir.
ergo nec ei debetur, qui quod rei publicae causa afuit uel ex alia causa iusta impeditus, ex qua restitutio indulgetur, petere non potuit: quid enim potest imputari ei, qui soluere, etiamsi uellet, non potuit? nec simile uideri posse, quod placuit minoribus etiam in his succurri quae non adquisierunt: usurae enim non propter lucrum petentium, sed propter moram soluentium infliguntur.
Therefore, neither is it due to him who, because he was absent on public business or was prevented by another just cause for which restitution is granted, could not make a demand; for what can be imputed to one who, even if he wished, could not pay? Nor can it be seen as similar that it has been decided to succor minors even in those things which they did not acquire: for interest is imposed not for the profit of those who demand it, but because of the default of those who pay.
§22.1.17.4Ex locato qui conuenitur, nisi conuenerit ut tardius pecuniae illatae usuras deberet, non nisi ex mora usuras praestare debet.
He who is sued on a lease (ex locato) is not bound to pay interest except from default, unless it was agreed that he should owe interest on money paid late.
§22.1.17.5Fiscus ex suis contractibus usuras non dat, sed ipse accipit: ut solet a foricariis, qui tardius pecuniam inferunt, item ex uectigalibus.
The treasury does not pay interest on its own contracts, but receives it itself: as is customary from the lessees of public privies who bring in money too late, and likewise from taxes.
cum autem in loco priuati successit, etiam dare solet.
But when it succeeds to the place of a private person, it is also accustomed to pay.
§22.1.17.6Si debitores, qui minores semissibus praestabunt usuras, fisci esse coeperunt, postquam ad fiscum transierunt, semisses cogendi sunt praestare.
If debtors who paid interest less than six percent became debtors of the treasury, after they have passed to the treasury, they must be compelled to pay six percent.
§22.1.17.7Eos qui ex administratione rerum ciuitatium conueniuntur usuris obnoxios esse satis notum est.
It is well enough known that those who are sued on account of the administration of the affairs of cities are liable for interest.
idem obseruatur in operum curatoribus, si pecunia apud eos remansit.
The same is observed in the case of curators of public works, if money remained in their hands.
sed in ea quam redemptoribus commiserunt, etiamsi neglegenter dederint, usura eis remittitur: haec autem ita sunt, si nulla fraus arguitur: alioquin etiam usurae adplicabuntur.
But on that which they have entrusted to contractors, even if they paid it out negligently, interest is remitted to them; but this is so if no fraud is proved; otherwise, interest also will be added.
§22.1.17.8Si dies non sit ab his, qui statuas uel imagines ponendas legauerunt, praefinitus, a praeside tempus statuendum est et nisi posuerint heredes, usuras rei publicae usque ad tertiam centesimae pendent.
If no day has been pre-established by those who bequeathed statues or portraits to be set up, the time must be set by the governor, and unless the heirs set them up, they shall pay interest to the municipality up to one-third of one percent per month (four percent per year).