Page:The age of Justinian and Theodora (Volume 2).djvu/365

 common prison for debt. They were only to be immured in monasteries or ascetic establishments, where they would be in charge of custodians of their own sex. Justinian also legislated in restriction of interest on money lent, which in this age seems generally to have been calculated at twelve per cent. per annum. He now fixed the precise amount which he considered it fair for lenders to receive in proportion to the risk they ran and the importance to them of the transaction. Thus nobles of Illustrious rank were allowed to take only four per cent.; but ordinary citizens were to be entitled to six. Merchants in legitimate trade, if they lent money, might demand eight per cent.; but the investor in any risky venture, such as nautical enterprises, was permitted to stipulate for twelve per cent.

The despotic power exercised by a Roman father over his family, expressed by patria potestas, was almost peculiar to that nation, but in practice it seems to have been very rarely abused. By this convention wife and children were subjected to the male parent almost as completely as if they had been his slaves; but at the same time sons of mature age had all the rights of citizens with respect to voting at elections, holding magistracies, and commanding armies. By tacit consent, however, this exaggerated jurisdiction was gradually abandoned, and in the time of Justinian had become more nominal than real. Thus already, during the reign of Augustus, it was agreed that a father could not inflict more than ordinary chastisement on a son without obtaining magisterial sanction; whilst Constantine publicly decreed