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The tendencies of plebeian emancipation were almost all in favour of the upper classes; that it never was a democratic movement or one led by democratically-minded men is most strikingly evidenced by the utter indifference shown by the leaders to the economic evils under which the masses laboured, and which they used as instruments to further their ambition. Solon abolished slavery for debt at a single stroke; to the Roman it is a sacred thing, an expression of Romana fides; while the Greek προστάτης struggled for others, the Roman patron fought for himself. But continued pressure caused some tentative efforts to be made in the latter half of the fourth century to mitigate the curse of debt. A lex Marcia of 352 B.C. gave the debtor the right of summary arrest (manus injectio) of the usurer, to recover the fourfold penalty for the illegal interest;[494] while in 326 an attempt was made to give the future masters of the world the mastery over their bodies. In 313 a lex Poetilia was passed forbidding the imprisonment of nexi who could swear that they had reasonable hopes of ultimately satisfying their creditors;[495] it therefore abolished most contracts on the security of the person; although the addictio and imprisonment of debtors by order of the court continued through the Republic and into the Empire. But if the harshness of the law was one evil, ignorance of its forms was another almost equally great. An accident supplied the remedy. The pontiff Appius Claudius had reduced the forms of action to writing; but the book meant for the guidance of the pontiffs was immediately revealed to the profane eyes of the people by his clerk, one Cn. Flavius, a freedman’s son. The fraudulent secretary also posted up a tablet containing a list of court days (dies fasti) on which the legis actio was possible.[496] The penetralia of the pontifical college had now become the property of the masses, and although the chief pontiffs still furnished for centuries the highest names to Roman law, they professed the science openly,[497] and secular teaching soon tore the veil from the hidden features of jurisprudence.

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