Legal Definitions - nexum

In early Roman law, nexum referred to a specific type of transaction or practice where a debtor, upon failing to repay a debt, could be seized by the creditor and held in a state of personal bondage or servitude until the debt was fully discharged through their labor.

This practice was a significant feature of very early Roman legal and social life, allowing creditors to enforce debts by compelling the debtor to work for them. It essentially reduced the debtor to a form of temporary slavery, which could last until the debt was repaid or otherwise satisfied. Over time, due to the severe hardships it caused, the practice of nexum was largely curtailed and eventually fell out of use with the introduction of later laws that required a formal judgment before a debtor could be seized.

Here are some examples illustrating how nexum might have applied:

• Imagine a small Roman farmer, Marcus, who needed to borrow money from a wealthy landowner, Lucius, to buy seeds for his crops. If a sudden drought destroyed Marcus's harvest, leaving him unable to repay the loan, Lucius could invoke nexum. Under this practice, Marcus would be seized and forced to work on Lucius's estate, essentially as a bond-servant, until his labor was deemed to have repaid the original debt.

• Consider Claudia, a skilled potter, who took out a loan from a merchant, Gaius, to purchase expensive clay and expand her workshop. If a downturn in trade meant she couldn't sell her pottery and therefore couldn't repay Gaius, she could become subject to nexum. Gaius would then have the right to compel Claudia to work in his household or business, using her skills or general labor to gradually pay off her outstanding debt.

• Suppose Quintus, a family patriarch, borrowed a substantial sum from a moneylender, Decimus, to cover an urgent medical treatment for his child. If Quintus's own business ventures failed, making it impossible for him to meet his repayment schedule, nexum would allow Decimus to seize Quintus. Quintus would then be forced into personal servitude, working for Decimus until his compelled labor had satisfied the financial obligation.