entitled to any use of a thing deposited, and was bound to preserve it
with reasonable care, and restore it on demand. As he derived no
advantage, he was entitled to be reimbursed for all necessary charges.
Ship-masters, innkeepers, and stablers, were responsible for the luggage
and effects of travellers intrusted to their care, which policy is now
adopted in both Europe and America, on the ground that if they were not
held strictly to their charge, being not a very reputable class of men
in ancient times, they might be in league with thieves. An innkeeper was
therefore held responsible for loss, or damage, or theft, to secure the
protection of travellers, whose patronage was a compensation. In case of
robbery, when goods were taken by superior force, he was not
responsible, nor was he for loss occasioned by inevitable accident.

[Sidenote: Pledges and securities.]

At Rome, pledges were customary, as a security for money due, on
condition of their restoration after the payment of a debt. Real
property, like houses and lands, as well as movables, were the subject
of pledge. [Footnote: D. 20, 1.] The creditor was bound to bestow
ordinary care and diligence in the preservation of the subject, but he
could not use it, or take the profits of it, without a special contract.
By the _pactum antichresis_, the creditor was allowed to take the
profits in lieu of the interest on his debt; by the _lex
commissoria_, the thing pledged became the absolute property of the
creditor if the debt was not paid at the time agreed on. But as this
condition was found to be a source of oppression, it was prohibited by a
law of Constantine. [Footnote: C, 7, 35.] When the debt, interest, and
all necessary expenses were paid, the debtor was entitled to have his
pledge restored to him. After the time of payment was passed, the
creditor had a right to sell the pledge, and retain his debt out of the