Published: 2022-08-20

Asylum in the ‘Decisiones Lituanicae’ of Pedro Ruiz de Moros

Marzena Dyjakowska
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2022.22.2.05

Abstract

The subject of this paper is the discussion of asylum in the Decisiones Lituanicae by Pedro Ruiz de Moros (Roysius) (editio princeps Kraków, 1563). Asylum in ancient Rome is a minor issue in the fifth book of Roysius’ book, the main topic of which is the admissibility of usury. First, Roysius presents a real case in which the guardian of a group of orphaned children was charged with allowing the money of his wards to lie idle and uninvested instead of lending it out at a good rate of interest. According to Roysius, the collection of interest was prohibited both by divine and human law. He then went on to clear up another doubtful point: could the opposite custom, known in Poland as the antichretic pledge, be regarded as admissible? Roysius refuted the argument put forward by his Bologna preceptor Agostino Berò, who said antichresis should be permitted. He questioned the viability of comparing usury to the admissibility of a slave seeking asylum in a place of refuge because his master was excessively cruel. Te fnal part of the paper presents the outcome of the guardian’s case and my own conclusions on Roysius’ approach to the issue of asylum.

Keywords:

Asylum; Pedro Ruiz de Moros; slave, usury.

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Citation rules

Dyjakowska, M. (2022). Asylum in the ‘Decisiones Lituanicae’ of Pedro Ruiz de Moros. Zeszyty Prawnicze, 22(2), 67–88. https://doi.org/10.21697/zp.2022.22.2.05

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