SECTION 1.--THE SALE OF GOODS

AN ESSAY ON MEDIÆVAL ECONOMIC TEACHING

by

GEORGE O'BRIEN, LITT.D., M.R.I.A.

Author of 'The Economic History of Ireland in the Seventeenth Century,'

and 'The Economic History of Ireland in the Eighteenth Century'

1920

TO THE REV. MICHAEL CRONIN, M.A., D.D.

UNIVERSITY COLLEGE, DUBLIN

AUTHOR'S NOTE

I wish to express my gratitude to the Rev. Dr. Cronin for his kindness

in reading the manuscript, and for many valuable suggestions which he

made; also to Father T.A. Finlay, S.J., and Mr. Arthur Cox for having

given me much assistance in the reading and revision of the proofs.

CONTENTS

CHAPTER I

INTRODUCTORY

SECTION 1. AIM AND SCOPE OF THE ESSAY

SECTION 2. EXPLANATION OF THE TITLE

§ 1. Mediæval

§ 2. Economic

§ 3. Teaching

SECTION 3. VALUE OF THE STUDY OF THE SUBJECT

SECTION 4. DIVISION OF THE SUBJECT

CHAPTER II

PROPERTY

SECTION 1. THE RIGHT TO PRODUCE AND DISPENSE PROPERTY

SECTION 2. DUTIES REGARDING THE ACQUISITION AND USE OF PROPERTY

SECTION 3. PROPERTY IN HUMAN BEINGS

CHAPTER III

DUTIES REGARDING THE EXCHANGE OF PROPERTY

SECTION 1. THE SALE OF GOODS

§ 1. The Just Price

§ 2. The Just Price when Price fixed by Law

§ 3. The Just Price when Price not fixed by Law

§ 4. The Just Price of Labour

§ 5. Value of the Conception of the Just Price

§ 6. Was the Just Price Subjective or Objective?

§ 7. The Mediæval Attitude towards Commerce

§ 8. _Cambium_

SECTION 2. THE SALE OF THE USE OF MONEY

§ 1. Usury in Greece and Rome

§ 2. Usury in the Old Testament

§ 3. Usury in the First Twelve Centuries of Christianity

§ 4. The Mediæval Prohibition of Usury

§ 5. Extrinsic Titles

§ 6. Other Cases in which more than the Loan could be repaid

§ 7. The Justice of Unearned Income

§ 8. Rent Charges

§ 9. Partnership

§ 10. Concluding Remarks on Usury

SECTION 3. THE MACHINERY OF EXCHANGE

CHAPTER IV

CONCLUSION

INDEX

CHAPTER I

INTRODUCTORY

SECTION 1.--AIM AND SCOPE OF THE ESSAY

It is the aim of this essay to examine and present in as concise a

form as possible the principles and rules which guided and regulated

men in their economic and social relations during the period known as

the Middle Ages. The failure of the teaching of the so-called orthodox

or classical political economists to bring peace and security to

society has caused those interested in social and economic problems to

inquire with ever-increasing anxiety into the economic teaching which

the orthodox economy replaced; and this inquiry has revealed that each

system of economic thought that has from time to time been accepted

can be properly understood only by a knowledge of the earlier system

out of which it grew. A process of historical inquiry of this kind

leads one ultimately to the Middle Ages, and it is certainly not too

much to say that no study of modern European economic thought can be

complete or satisfactory unless it is based upon a knowledge of the

economic teaching which was accepted in mediæval Europe. Therefore,

while many will deny that the economic teaching of that period is

deserving of approval, or that it is capable of being applied to the

conditions of the present day, none will deny that it is worthy of

careful and impartial investigation.

There is thus a demand for information upon the subject dealt with in

this essay. On the other hand, the supply of such information in the

English language is extremely limited. The books, such as Ingram's

_History of Political Economy_ and Haney's _History of Economic

Thought_, which deal with the whole of economic history, necessarily

devote but a few pages to the Middle Ages. Ashley's _Economic History_

contains two excellent chapters dealing with the Canonist teaching;

but, while these chapters contain a mass of most valuable information

on particular branches of the mediæval doctrines, they do not perhaps

sufficiently indicate the relation between them, nor do they lay

sufficient emphasis upon the fundamental philosophical principles out

of which the whole system sprang. One cannot sufficiently acknowledge

the debt which English students are under to Sir William Ashley for

his examination of mediæval opinion on economic matters; his book

is frequently and gratefully cited as an authority in the following

pages; but it is undeniable that his treatment of the subject suffers

somewhat on account of its being introduced but incidentally into a

work dealing mainly with English economic practice. Dr. Cunningham

has also made many valuable contributions to particular aspects of the

subject; and there have also been published, principally in Catholic

periodicals, many important monographs on special points; but so

far there has not appeared in English any treatise, which is devoted

exclusively to mediæval economic opinion and attempts to treat the

whole subject completely. It is this want in our economic literature

that has tempted the author to publish the present essay, although he

is fully aware of its many defects.

It is necessary, in the first place, to indicate precisely the extent

of the subject with which we propose to deal; and with this end in

view to give a definition of the three words, '_mediæval, economic,

teaching_.'

SECTION 2.--EXPLANATION OF THE TITLE

§ 1. _Mediæval_.

Ingram, in his well-known book on economic history, following the

opinion of Comte, refuses to consider the fourteenth and fifteenth

centuries as part of the Middle Ages.[1] We intend, however, to treat

of economic teaching up to the end of the fifteenth century. The best

modern judges are agreed that the term Middle Ages must not be given

a hard-and-fast meaning, but that it is capable of bearing a very

elastic interpretation. The definition given in the _Catholic

Encyclopædia_ is: 'a term commonly used to designate that period of

European history between the Fall of the Roman Empire and about the

middle of the fifteenth century. The precise dates of the beginning,

culmination, and end of the Middle Ages are more or less arbitrarily

assumed according to the point of view adopted.' The eleventh edition

of the _Encyclopædia Britannica_ contains a similar opinion: 'This

name is commonly given to that period of European history which lies

between what are known as ancient and modern times, and which has

generally been considered as extending from about the middle of the

fifth to about the middle of the fifteenth centuries. The two dates

adopted in old text-books were 476 and 1453, from the setting aside

of the last emperor of the west until the fall of Constantinople. In

reality it is impossible to fix any exact dates for the opening and

close of such a period.'

[Footnote 1: _History of Political Economy_, p. 35.]

We are therefore justified in considering the fifteenth century as

comprised hi the Middle Ages. This is especially so in the domain

of economic theory. In actual practice the fourteenth and fifteenth

centuries may have presented the appearance rather of the first stage

of a new than of the last stage of an old era. This is Ingram's view.

However true this may be of practice, it is not at all true of theory,

which, as we shall see, continued to be entirely based on the

writings of an author of the thirteenth century. Ingram admits this

incidentally: 'During the fourteenth and fifteenth centuries the

Catholic-feudal system was breaking down by the mutual conflicts of

its own official members, while the constituent elements of a new

order were rising beneath it. The movements of this phase can scarcely

be said to find an echo in any contemporary economic literature.'[1]

We need not therefore apologise further for including a consideration

of the fourteenth and fifteenth centuries in our investigations as to

the economic teaching of the Middle Ages. We are supported in doing

so by such excellent authorities as Jourdain,[2] Roscher,[3] and

Cossa.[4] Haney, in his _History of Economic Thought_,[5] says: 'It

seems more nearly true to regard the years about 1500 as marking the

end of mediæval times.... On large lines, and from the viewpoint of

systems of thought rather than systems of industry, the Middle Ages

may with profit be divided into two periods. From 400 down to 1200,

or shortly thereafter, constitutes the first. During these years

Christian theology opposed Roman institutions, and Germanic customs

were superposed, until through action and reaction all were blended.

This was the reconstruction; it was the "stormy struggle" to found a

new ecclesiastical and civil system. From 1200 on to 1500 the world

of thought settled to its level. Feudalism and scholasticism, the

corner-stones of mediævalism, emerged and were dominant.'

[Footnote 1: _Op. cit._, p. 35.]

[Footnote 2: _Mémoires sur les commencements de l'économie politique

dans les écoles du moyen âge_, Académie des Inscriptions et

Belles-Lettres, vol. 28.]

[Footnote 3: _Geschichte zur National-Ökonomik in Deutschland_.]

[Footnote 4: _Introduction to the Study of Political Economy_.]

[Footnote 5: P. 70.]

We shall not continue the study further than the beginning of the

sixteenth century. It is true that, if we were to refer to several

sixteenth-century authors, we should be in possession of a very highly

developed and detailed mass of teaching on many points which

earlier authors left to some extent obscure. We deliberately

refrain nevertheless from doing so, because the whole nature of the

sixteenth-century literature was different from that of the fourteenth

and fifteenth; the early years of the sixteenth century witnessed the

abrogation of the central authority which was a basic condition of

the success of the mediæval system; and the same period also witnessed

'radical economic changes, reacting more and more on the scholastic

doctrines, which found fewer and fewer defenders in their original

form.'[1]

[Footnote 1: Cossa, _op. cit._, p. 151. Ashley warns us that 'we must

be careful not to interpret the writers of the fifteenth century by

the writers of the seventeenth' (_Economic History_, vol. i. pt. ii.

p. 387). These later writers sometimes contain historical accounts

of controversies in previous centuries, and are relevant on this

account.]

§ 2. _Economic_.

It must be clearly understood that the political economy of the

mediævals was not a science, like modern political economy, but an

art. 'It is a branch of the virtue of prudence; it is half-way between

morality, which regulates the conduct of the individual, and politics,

which regulates the conduct of the sovereign. It is the morality of

the family or of the head of the family, from the point of view of the

good administration of the patrimony, just as politics is the morality

of the sovereign, from the point of view of the good government of the

State. There is as yet no question of economic laws in the sense

of historical and descriptive laws; and political economy, not yet

existing in the form of a science, is not more than a branch of that

great tree which is called ethics, or the art of living well.'[1] 'The

doctrine of the canon law,' says Sir William Ashley, 'differed from

modern economics in being an art rather than a science. It was a body

of rules and prescriptions as to conduct, rather than of conclusions

as to fact. All art indeed in this sense rests on science; but the

science on which the canonist doctrine rested was theology. Theology,

or rather that branch of it which we may call Christian ethics, laid

down certain principles of right and wrong in the economic sphere;

and it was the work of the canonists to apply them to specific

transactions and to pronounce judgment as to their permissibility.'[2]

The conception of economic laws, in the modern sense, was quite

foreign to the mediæval treatment of the subject. It was only in

the middle of the fourteenth century that anything approaching a

scientific examination of the phenomena of economic life appeared,

and that was only in relation to a particular subject, namely, the

doctrine of money.[3]

[Footnote 1: Rambaud, _Histoire des Doctrines Économiques_, p. 39. 'It

is evident that a household is a mean between the individual and

the city or Kingdom, since just as the individual is part of the

household, so is the household part of the city or Kingdom, and

therefore, just as prudence commonly so called which governs the

individual is distinct from political prudence, so must domestic

prudence (oeconomica) be distinct from both. Riches are related to

domestic prudence, not as its last end, but as its instrument. On the

other hand, the end of political prudence is a good life in general as

regards the conduct of the household. In _Ethics_ i. the philosopher

speaks of riches as the end of political prudence, by way of example,

and in accordance with the opinion of many.' Aquinas, _Summa II_. ii.

50. 3, and see _Sent. III_. xxxiii. 3 and 4. 'Practica quidem scientia

est, quae recte vivendi modum ac disciplinae formam secundum virtutum

institutionem disponit. Et haec dividitur in tres, scilicet: primo

ethicam, id est moralem; et secundo oeconomicam, id est dispensativam;

et tertio politicam, id est civilem' (Vincent de Beauvais, _Speculum_,

VII. i. 2).]

[Footnote 2: _Op. cit._, vol. i. part. ii. p. 379.]

[Footnote 3: Rambaud, _op. cit._, p. 83; Ingram, _op. cit._, p. 36. So

marked was the contrast between the mediæval and modern conceptions

of economics that the appearance of this one treatise has been said

by one high authority to have been the signal of the dawn of the

Renaissance (Espinas, _Histoire des Doctrines Économiques_, p. 110).]

To say that the mediæval method of approaching economic problems was

fundamentally different from the modern, is not in any sense to be

taken as indicating disapproval of the former. On the contrary, it is

the general opinion to-day that the so-called classical treatment of

economics has proved disastrous in its application to real life,

and that future generations will witness a retreat to the earlier

position. The classical economists committed the cardinal error of

subordinating man to wealth, and consumption to production. In their

attempt to preserve symmetry and order in their generalisations they

constructed a weird creature, the economic man, who never existed, and

never could exist. The mediævals made no such mistake. They insisted

that all production and gain which did not lead to the good of man was

not alone wasteful, but positively evil; and that man was infinitely

more important than wealth. When he exclaims that 'Production is on

account of man, not man of production,' Antoninus of Florence sums

up in a few words the whole view-point of his age.[1] 'Consumption,'

according to Dr. Cunningham, 'was the aspect of human nature which

attracted most attention.... Regulating consumption wisely was the

chief practical problem in mediæval economics.'[2] The great

practical benefits of such a treatment of the problems relating to the

acquisition and enjoyment of material wealth must be obvious to every

one who is familiar with the condition of the world after a century of

classical political economy. 'To subordinate the economic order to

the social order, to submit the industrial activity of man to the

consideration of the final and general end of his whole being, is

a principle which must exert on every department of the science

of wealth, an influence easy to understand. Economic laws are the

codification of the material activity of a sort of _homo economicus_;

of a being, who, having no end in view but wealth, produces all he

can, distributes his produce in the way that suits him best,

and consumes as much as he can. Self interest alone dictates his

conduct.'[3] Economics, far from being a science whose highest aim

was to evolve a series of abstractions, was a practical guide to the

conduct of everyday affairs.[4] 'The pre-eminence of morality in

the domain of economics constitutes at the same time the distinctive

feature, the particular merit, and the great teaching of the economic

lessons of this period.'[5]

[Footnote 1: _Irish Theological Quarterly_, vol. vii. p. 151.]

[Footnote 2: _Christianity and Economic Science_, p. 10.]

[Footnote 3: Brants, _Les Théories économiques aux xiii^{e} et xii^{e}

siècles, p_. 34.]

[Footnote 4: Gide and Rist, _History of Economic Doctrines_, Eng.

trans., p. 110.]

[Footnote 5: Brants, _op. cit._, p. 9.]

Dr. Cunningham draws attention to the fact that the existence of such

a universally received code of economic morality was largely due to

the comparative simplicity of the mediæval social structure, where

the _relations of persons_ were all important, in comparison with the

modern order, where the _exchange of things_ is the dominant factor.

He further draws attention to the changes which affected the whole

constitution of society in the sixteenth and seventeenth centuries,

and proceeds: 'These changes had a very important bearing on all

questions of commercial morality; so long as economic dealings were

based on a system of personal relationships they all bore an implied

moral character. To supply a bad article was morally wrong, to demand

excessive payment for goods or for labour was extortion, and the

right or wrong of every transaction was easily understood.'[1] The

application of ethics to economic transactions was rendered possible

by the existence of one universally recognised code of morality,

and the presence of one universally accepted moral teacher. 'In the

thirteenth century, the ecclesiastical organisation gave a unity to

the social structure throughout the whole of Western Europe; over the

area in which the Pope was recognised as the spiritual and the Emperor

as the temporal vicar of God, political and racial differences were

relatively unimportant. For economic purposes it is scarcely necessary

to distinguish different countries from one another in the thirteenth

century, for there were fewer barriers to social intercourse

within the limits of Christendom than there are to-day.... Similar

ecclesiastical canons, and similar laws prevailed over large areas,

where very different admixtures of civil and barbaric laws were in

vogue. Christendom, though broken into so many fragments politically,

was one organised society for all the purposes of economic life,

because there was such free intercommunication between its parts.'[2]

'There were three great threads,' we read later in the same book,

'which ran through the whole social system of Christendom. First of

all there was a common religious life, with the powerful weapons of

spiritual censure and excommunication which it placed in the hands of

the clergy, so that they were able to enforce the line of policy which

Rome approved. Then there was the great judicial system of canon

law, a common code with similar tribunals for the whole of Western

Christendom, dealing not merely with strictly ecclesiastical affairs,

but with many matters that we should regard as economic, such as

questions of commercial morality, and also with social welfare as

affected by the law of marriage and the disposition of property by

will....'[3] 'To the influence of Christianity as a moral doctrine,'

says Dr. Ingram, 'was added that of the Church as an organisation,

charged with the application of the doctrine to men's daily

transactions. Besides the teaching of the sacred books there was a

mass of ecclesiastical legislation providing specific prescriptions

for the conduct of the faithful. And this legislation dealt with the

economic as well as with other provinces of social activity.'[4]

[Footnote 1: _Growth of English Industry and Commerce_, vol. i. p.

465.]

[Footnote 2: Cunningham, _Western Civilisation_, vol. ii. pp. 2-3.]

[Footnote 3: _Ibid._, p. 67.]

[Footnote 4: _Op. cit._, p. 27.]

The teaching of the mediæval Church, therefore, on economic affairs

was but the application to particular facts and cases of its general

moral teaching. The suggestion, so often put forward by so-called

Christian socialists, that Christianity was the exponent of a special

social theory of its own, is unfounded. The direct opposite would be

nearer the truth. Far from concerning itself with the outward forms

of the political or economic structure, Christianity concentrated its

attention on the conduct of the individual. If Christianity can be

said to have possessed any distinctive social theory, it was intense

individualism. 'Christianity brought, from the point of view of

morals, an altogether new force by the distinctly individual and

personal character of its precepts. Duty, vice or virtue, eternal

punishment--all are marked with the most individualist imprint that

can be imagined. No social or political theory appeared, because it

was through the individual that society was to be regenerated....

We can say with truth that there is not any Christian political

economy--in the sense in which there is a Christian morality or

a Christian dogma--any more than there is a Christian physic or a

Christian medicine.'[1] In seeking to learn Christian teaching of

the Middle Ages on economic matters, we must therefore not look

for special economic treatises in the modern sense, but seek our

principles in the works dealing with general morality, in the Canon

Law, and in the commentaries on the Civil Law. 'We find the first

worked out economic theory for the whole Catholic world in the _Corpus

Juris Canonici_, that product of mediæval science in which for so

many centuries theology, jurisprudence, philosophy, and politics were

treated....'[2]

[Footnote 1: Rambaud, _op. cit._, pp. 34-5; Cunningham, _Western

Civilisation_, vol. ii. p. 8.]

[Footnote 2: Roscher, _op. cit._, p. 5. It must not be concluded

that all the opinions expressed by the theologians and lawyers were

necessarily the official teaching of the Church. Brants says: 'It is

not our intention to attribute to the Church all the opinions of

this period; certainly the spirit of the Church dominated the great

majority of the writers, but one must not conclude from this that

all their writings are entitled to rank as doctrinal teaching' (_Op.

cit._, p. 6).]

There is not to be found in the writers of the early Middle Ages, that

is to say from the eighth to the thirteenth centuries, a trace of any

attention given to what we at the present day would designate economic

questions. Usury was condemned by the decrees of several councils, but

the reasons of this prohibition were not given, nor was the question

made the subject of any dialectical controversy; commerce was so

undeveloped as to escape the attention of those who sought to

guide the people in their daily life; and money was accepted as the

inevitable instrument of exchange, without any discussion of its

origin or the laws which regulated it.

The writings of this period therefore betray no sign of any interest

in economic affairs. Jourdain says that he carefully examined the

works of Alcuin, Rabanas Mauras, Scotus Erigenus, Hincmar, Gerbert,

St. Anselm, and Abelard--the greatest lights of theology and

philosophy in the early Middle Ages--without finding a single passage

to suggest that any of these authors suspected that the pursuit of

riches, which they despised, occupied a sufficiently large place in

national as well as in individual life, to offer to the philosopher a

subject fruitful in reflections and results. The only work which might

be adduced as a partial exception to this rule is the _Polycraticus_

of John of Salisbury; but even this treatise contained only some

scattered moral reflections on luxury and on zeal for the interest of

the public treasury.[1]

[Footnote 1: Jourdain, _op. cit._, p. 4.]

Two causes contributed to produce this almost total lack of interest

in economic subjects. One was the miserable condition of society,

still only partially rescued from the ravages of the barbarians, and

half organised, almost without industry and commerce; the other

was the absence of all economic tradition. The existence of the

_Categories_ and _Hermenia_ of Aristotle ensured that the chain

of logical study was not broken; the works of Donatus and Priscian

sustained some glimmer of interest in grammatical theory; certain rude

notions of physics and astronomy were kept alive by the preservation

of such ancient elementary treatises as those of Marcian Capella; but

economics had no share in the heritage of the past. Not only had the

writings of the ancients, who dealt to some extent with the theory of

wealth, been destroyed, but the very traces of their teaching had been

long forgotten. A good example of the state of thought in economic

matters is furnished by the treatment which money receives in the

_Etymologies_ of Isidore of Seville, which was regarded in the early

Middle Ages as a reliable encyclopædia. 'Money,' according to Isidore,

'is so called because it warns, _monet_, lest any fraud should enter

into its composition or its weight. The piece of money is the coin of

gold, silver, or bronze, which is called _nomisma_, because it bears

the imprint of the name and likeness of the prince.... The pieces of

money _nummi_ have been so called from the King of Rome, Numa, who was

the first among the Latins to mark them with the imprint of his image

and name.'[1] Is it any wonder that the early Middle Ages were barren

of economic doctrines, when this was the best instruction to which

they had access?

[Footnote 1: _Etymol_. xvi. 17.]

In the course of the thirteenth century a great change occurred. The

advance of civilisation, the increased organisation of feudalism, the

development of industry, and the extension of commerce, largely under

the influence of the Crusades, all created a condition of affairs in

which economic questions could no longer be overlooked or neglected.

At the same time the renewed study of the writings of Aristotle served

to throw a flood of new light on the nature of wealth.

The _Ethics_ and _Politics_ of Aristotle, although they are not

principally devoted to a treatment of the theory of wealth, do in

fact deal with that subject incidentally. Two points in particular

are touched on, the utility of money and the injustice of usury.

The passages of the philosopher dealing with these subjects are of

particular interest, as they may be said, with a good deal of truth,

to be the true starting point of mediæval economics.[1] The writings

of Aristotle arrested the attention, and aroused the admiration of

the theologians of the thirteenth century; and it would be quite

impossible to exaggerate the influence which they exercised on the

later development of mediæval thought. Albertus Magnus digested,

interpreted, and systematised the whole of the works of the Stagyrite;

and was so steeped in the lessons of his philosophic master as to be

dubbed by some 'the ape of Aristotle.' Aquinas, who was a pupil of

Albertus, also studied and commented on Aristotle, whose aid he was

always ready to invoke in the solution of all his difficulties. With

the single and strange exception of Vincent de Beauvais, Aristotle's

teaching on money was accepted by all the writers of the thirteenth

century, and was followed by later generations.[2] The influence

of Aristotle is apparent in every article of the _Summa_, which was

itself the starting point from which all discussion sprang for the

following two centuries; and it is not too much to say that the

Stagyrite had a decisive influence on the introduction of economic

notions into the controversies of the Schools. 'We find in the

writings of St. Thomas Aquinas,' says Ingram, 'the economic doctrines

of Aristotle reproduced with a partial infusion of Christian

elements.'[3]

[Footnote 1: Jourdain, _op. cit._, p. 7.]

[Footnote 2: _Ibid._, p. 12.]

[Footnote 3: _Op. cit._, p. 27. Espinas thinks that the influence

of Aristotle in this respect has been exaggerated. (_Histoire des

Doctrines Économiques_, p. 80.)]

In support of the account we have given of the development of economic

thought in the thirteenth century, we may quote Cossa: 'The revival

of economic studies in the Middle Ages only dates from the thirteenth

century. It was due in a great measure to a study of the _Ethics_ and

_Politics_ of Aristotle, whose theories on wealth were paraphrased by

a considerable number of commentators. Before that period we can only

find moral and religious dissertations on such topics as the proper

use of material goods, the dangers of luxury, and undue desire for

wealth. This is easily explained when we take into consideration (1)

the prevalent influence of religious ideas at the time, (2) the

strong reaction against the materialism of pagan antiquity, (3)

the predominance of natural economy, (4) the small importance of

international trade, and (5) the decay of the profane sciences, and

the metaphysical tendencies of the more solid thinkers of the Middle

Ages.'[1]

[Footnote 1: _Op. cit._, p. 14; Espinas, _op. cit._, p. 80.]

The teaching of Aquinas upon economic affairs remained the groundwork

of all the later writers until the end of the fifteenth century.

His opinions on various points were amplified and explained by

later authors in more detail than he himself employed; monographs of

considerable length were devoted to the treatment of questions which

he dismissed in a single article; but the development which took

place was essentially one of amplification rather than opposition. The

monographists of the later fifteenth century treat usury and sale in

considerable detail; many refinements are indicated which are not

to be found in the _Summa_; but it is quite safe to say that none

of these later writers ever pretended to supersede the teaching of

Aquinas, who was always admitted to be the ultimate authority. 'During

the fourteenth and fifteenth centuries, the general political doctrine

of Aquinas was maintained with merely subordinate modifications.'[1]

'The canonist doctrine of the fifteenth century,' according to Sir

William Ashley, 'was but a development of the principles to which the

Church had already given its sanction in earlier centuries. It was the

outcome of these same principles working in a modified environment.

But it may more fairly be said to present a _system_ of economic

thought, because it was no longer a collection of unrelated opinions,

but a connected whole. The tendency towards a separate department of

study is shown by the ever-increasing space devoted to the discussion

of general economic topics in general theological treatises, and

more notably still in the manuals of casuistry for the use of the

confessional, and handbooks of canon law for the use of ecclesiastical

lawyers. It was shown even more distinctly by the appearance of a

shoal of special treatises on such subjects as contracts, exchange,

and money, not to mention those on usury.'[2] In all this development,

however, the principles enunciated by Aquinas, and through him, by

Aristotle, though they may have been illustrated and applied to new

instances, were never rejected. The study of the writers of this

period is therefore the study of an organic whole, the germ of which

is to be found in the writings of Aquinas.[3]

[Footnote 1: Ingram, _op. cit._, p. 35.]

[Footnote 2: _Op. cit._, vol. i. pt. ii. p. 382.]

[Footnote 3: The volume of literature which bears more or less on

economic matters dating from the fourteenth and fifteenth centuries is

colossal. By far the best account of it is to be found in Endemann's

_Studien in der Romanisch-canonistischen Wirthschafts- und

Rechtslehre_, vol. i. pp. 25 _et seq_. Many of the more important

works written during the period are reprinted in the _Tractatus

Universi Juris_, vols. vi. and vii. The appendix to the first chapter

of Reseller's _Geschichte_ also contains a valuable account of certain

typical writers, especially of Langenstein and Henricus de Hoyta.

Brants gives a useful bibliographical list of both mediæval and modern

authorities in the second chapter of his _Théories économiques aux

xiii^{e} et xiv^{e} siècles_. Those who desire further information

about any particular writer of the period will find it in Stintzing,

_Literaturgeschichte des röm. Rechts_, or in Chevallier's _Répertoire

historique des Sources du moyen âge; Bio-bibliographie_. The

authorship of the treatise _De Regimine Principum_, from which we

shall frequently quote, often attributed to Aquinas, is very doubtful.

The most probable opinion is that the first book and the first three

chapters of the second are by Aquinas, and the remainder by another

writer. (See Franck, _Réformateurs et Publicistes_, vol. i. p. 83.)]

§ 3. _Teaching_.

We shall confine our attention in this essay to the economic teaching

of the Middle Ages, and shall not deal with the actual practice of the

period. It may be objected that a study of the former without a study

of the latter is futile and useless; that the economic teaching of a

period can only be satisfactorily learnt from a study of its actual

economic institutions and customs; and that the scholastic teaching

was nothing but a casuistical attempt to reconcile the early Christian

dogmas with the ever-widening exigencies of real life. Endemann, for

instance, devotes a great part of his invaluable books on the subject

to demonstrating how impracticable the canonist teaching was when it

was applied to real life, and recounting the casuistical devices that

were resorted to in order to reconcile the teaching of the Church with

the accepted mercantile customs of the time. Endemann, however,

in spite of his colossal research and unrivalled acquaintance with

original authorities, was essentially hostile to the system which he

undertook to explain, and thus lacked the most essential quality of a

satisfactory expositor, namely, sympathy with his subject. He does

not appear to have realised that development and adaptability to new

situations, far from being marks of impracticability, are rather the

signs of vitality and of elasticity. This is not the place to discuss

how far the doctrine of the late fifteenth differed from that of the

early thirteenth century; that is a matter which will appear below

when each of the leading principles of scholastic economic teaching

is separately considered; it is sufficient to say here that we agree

entirely with Brants, in opposition to Endemann, that the change

which took place in the interval was one of development, and not of

opposition. 'The law,' says Brants, 'remained identical and unchanged;

justice and charity--nobody can justly enrich himself at the expense

of his neighbour or of the State, but the reasons justifying gain

are multiplied according as riches are developed.'[1] 'The canonist

doctrine of the fifteenth century was but a development of the

principles to which the Church had already given its sanction in

earlier centuries. It was the outcome of these same principles working

in a modified environment.'[2] With these conclusions of Brants and

Ashley we are in entire agreement.

[Footnote 1: Brants, _op. cit._, p. 9.]

[Footnote 2: Ashley, _op. cit._, p. 381.]

Let us say in passing that the assumption that the mediæval teaching

grew out of contemporary practice, rather than that the latter grew

out of the former, is one which does not find acceptance among the

majority of the students of the subject. The problem whether a correct

understanding of mediæval economic life can be best attained by first

studying the teaching or the practice is possibly no more soluble than

the old riddle of the hen and the egg; but it may at least be argued

that there is a good deal to be said on both sides. The supporters of

the view that practice moulded theory are by no means unopposed.

There is no doubt that in many respects the exigencies of everyday

commercial concerns came into conflict with the tenets of canon law

and scholastic opinion; but the admission of this fact does not at

all prove that the former was the element which modified the latter,

rather than the latter the former. In so far as the expansion of

commerce and the increasing complexity of intercourse raised questions

which seemed to indicate that mercantile convenience conflicted with

received teaching, it is probable that the difficulty was not so much

caused by a contradiction between the former and the latter, as by the

fact that an interpretation of the doctrine as applied to the facts

of the new situation was not available before the new situation had

actually arisen. This is a phenomenon frequently met with at the

present day in legal practice; but no lawyer would dream of asserting

that, because there had arisen an unprecedented state of facts, to

which the application of the law was a matter of doubt or difficulty,

therefore the law itself was obsolete or incomplete. Examples of such

a conflict are familiar to any one who has ever studied the case law

on any particular subject, either in a country such as England, where

the law is unwritten, or in continental countries, where the most

exhaustive and complete codes have been framed. Nevertheless, in spite

of the occurrence of such difficulties, it would be foolish to contend

that the laws in force for the time being have not a greater influence

on the practice of mercantile transactions than the convenience of

merchants has upon the law. How much more potent must this influence

have been when the law did not apply simply to outward observances,

but to the inmost recesses of the consciences of believing Christians!

The opinion that mediæval teaching exercised a profound effect on

mediæval practice is supported by authorities of the weight of Ashley,

Ingram, and Cunningham,[1] the last of whom was in some respects

unsympathetic to the teaching the influence of which he rates so

highly. 'It has indeed,' writes Sir William Ashley, 'not infrequently

been hinted that all the elaborate argumentation of canonists and

theologians was "a cobweb of the brain," with no vital relation to

real life. Certain German writers have, for instance, maintained that,

alongside of the canonist doctrine with regard to trade, there existed

in mediæval Europe a commercial law, recognised in the secular courts,

and altogether opposed to the peculiar doctrines of the canonists.

It is true that parts of mercantile jurisprudence, such as the law of

partnership, had to a large extent originated in the social conditions

of the time, and would have probably made their appearance even

if there had been no canon law or theology. But though there were

branches of commercial law which were, in the main, independent of

the canonist doctrine, there were none that were opposed to it. On

the fundamental points of usury and just price, commercial law in the

later Middle Ages adopted completely the principles of the canonists.

How entirely these principles were recognised in the practice of the

courts which had most to do with commercial suits, viz. those of the

towns, is sufficiently shown by the frequent enactments as to usury

and as to reasonable price which are found in the town ordinances

of the Middle Ages; in England as well as in the rest of Western

Europe.... Whatever may have been the effect, direct or indirect, of

the canonist doctrine on legislation, it is certain that on its other

side, as entering into the moral teaching of the Church through the

pulpit and the confessional, its influence was general and persistent,

even if it were not always completely successful.'[2] 'Every great

change of opinion on the destinies of man,' says Ingram, 'and the

guiding principles of conduct must react in the sphere of material

interests; and the Catholic religion had a profound influence on the

economic life of the Middle Ages.... The constant presentations to the

general mind and conscience of Christian ideas, the dogmatic bases

of which were as yet scarcely assailed by scepticism, must have had a

powerful effect in moralising life.'[3] According to Dr. Cunningham:

'The mediæval doctrine of price was not a theory intended to explain

the phenomena of society, but it was laid down as the basis of rules

which should control the conduct of society and of individuals. At

the same time current opinion seems to have been so fully formed in

accordance with it that a brief enumeration of the doctrine of a just

price will serve to set the practice of the day in clearer light. In

regard to other matters, it is difficult to determine how far public

opinion was swayed by practical experience, and how far it was really

moulded by Christian teaching--this is the case in regard to usury.

But there can be little doubt about the doctrine of price--which

really underlies a great deal of commercial and gild regulations,

and is constantly implied in the early legislation on mercantile

affairs.'[4] The same author expresses the same opinion in another

work: 'The Christian doctrine of price, and Christian condemnation

of gain at the expense of another man, affected all the mediæval

organisation of municipal life and regulation of inter-municipal

commerce, and introduced marked contrasts to the conditions of

business in ancient cities. The Christian appreciation of the duty of

work rendered the lot of the mediæval villain a very different thing

from that of the slave of the ancient empire. The responsibility of

proprietors, like the responsibility of prices, was so far insisted

on as to place substantial checks on tyranny of every kind. For these

principles were not mere pious opinions, but effective maxims in

practical life. Owing to the circumstances in which the vestiges of

Roman civilisation were locally maintained, and the foundations of

the new society were laid, there was ample opportunity for

Christian teaching and example to have a marked influence on its

development.'[5] In Dr. Cunningham's book entitled _Politics and

Economics_ the same opinion is expressed:[6] 'Religious and industrial

life were closely interconnected, and there were countless points at

which the principles of divine law must have been brought to bear

on the transaction of business, altogether apart from any formal

tribunal. Nor must we forget the opportunities which directors had for

influencing the conduct of penitents.... Partly through the operation

of the royal power, partly through the decisions of ecclesiastical

authorities, but more generally through the influence of a Christian

public opinion which had been gradually created, the whole industrial

organism took its shape, and the acknowledged economic principles were

framed.' We have quoted these passages from Dr. Cunningham's works at

length because they are of great value in helping us to estimate

the rival parts played by theory and practice in mediæval economic

teaching; in the first place, because the author was by no means

prepossessed in favour of the teaching of the canonists, but rather

unsympathetic to it; in the second place, because, although his work

was concerned primarily with practice, he found himself obliged

to make a study of theory before he could properly understand the

practice; and lastly, because they point particularly to the effect of

the teaching on just price. When we come to speak of this part of the

subject we shall find that Dr. Cunningham failed to appreciate the

true significance of the canonist doctrine. If an eminent author, who

does not quite appreciate the full import of this doctrine, and who

is to some extent contemptuous of its practical value, nevertheless

asserts that it exercised an all-powerful influence on the practice of

the age in which it was preached, we are surely justified in

asserting that the study of theory may be profitably pursued without a

preliminary history of the contemporary practice.

[Footnote 1: Even Endemann warns his readers against assuming that the

canonist teaching had no influence on everyday life. (_Studien_, vol.

ii. p. 404.)]

[Footnote 2: Ashley, _op. cit._, vol. i. pt. ii. pp. 383-85. Again:

'The later canonist dialectic was the midwife of modern economics'

(_ibid._, p. 397).]

[Footnote 3: _History of Political Economy_, p. 26.]

[Footnote 4: Cunningham, _Growth of English Industry and Commerce_,

vol. i. p. 252.]

[Footnote 5: Cunningham, _Western Civilisation_, vol. ii. pp. 9-10.]

[Footnote 6: P. 25.]

But we must not be taken to suggest that there were no conflicts

between the teaching and the practice of the Middle Ages. As we have

seen, the economic teaching of that period was ethical, and it would

be absurd to assert that every man who lived in the Middle Ages lived

up to the high standard of ethical conduct which was proposed by the

Church.[1] One might as well say that stealing was an unknown crime

in England since the passing of the Larceny Act. All we do suggest is

that the theory had such an important and incalculable influence

upon practice that the study of it is not rendered futile or useless

because of occasional or even frequent departures from it in real

life. Even Endemann says: 'The teaching of the canon law presents a

noble edifice not less splendid in its methods than in its results.

It embraces the whole material and spiritual natures of human society

with such power and completeness that verily no room is left for

any other life than that decreed by its dogmas.'[2] 'The aim of the

Church,' says Janssen, 'in view of the tremendous agencies through

which it worked, in view of the dominion which it really exercised,

cannot have the impression of its greatness effaced by the unfortunate

fact that all was not accomplished that had been planned.'[3] The fact

that tyranny may have been exercised by some provincial governor in

an outlying island of the Roman Empire cannot close our eyes to the

benefits to be derived from a study of the code of Justinian; nor can

a remembrance of the manner in which English law is administered in

Ireland in times of excitement, blind us to the political lessons to

be learned from an examination of the British constitution.

[Footnote 1: The many devices which were resorted to in order to evade

the prohibition of usury are explained in Dr. Cunningham's _Growth

of English Industry and Commerce_, vol. i. p. 255. See also Delisle,

_L'Administration financière des Templiers_, Académie des Inscriptions

et Belles-Lettres, 1889, vol. xxxiii. pt. ii., and Ashley, _Economic

History_, vol. i. pt. ii. p. 426. The _Summa Pastoralis_ of Raymond de

Pennafort analyses and demolishes many of the commoner devices which

were employed to evade the usury laws. On the part played by the Jews,

see Brants, _op. cit._, Appendix I.]

[Footnote 2: _Die Nationalökonomischen Grundsätze der canonistischen

Lehre_, p. 192.]

[Footnote 3: _History of the German People_ (Eng. trans.), vol. ii. p.

99.]

SECTION 3.--VALUE OF THE STUDY OF THE SUBJECT

The question may be asked whether the study of a system of economic

teaching, which, even if it ever did receive anything approaching

universal assent, has long since ceased to do so, is not a waste of

labour. We can answer that question in the negative, for two reasons.

In the first place, as we said above, a proper understanding of

the earlier periods of the development of a body of knowledge is

indispensable for a full appreciation of the later. Even if the

canonist system were not worth studying for its own sake, it would

be deserving of attention on account of the light it throws on the

development of later economic doctrine. 'However the canonist theory

may contrast with or resemble modern economics, it is too important

a part of the history of human thought to be disregarded,' says Sir

William Ashley. 'As we cannot fully understand the work of Adam Smith

without giving some attention to the physiocrats, nor the physiocrats

without looking at the mercantilists: so the beginnings of mercantile

theory are hardly intelligible without a knowledge of the canonist

doctrine towards which that theory stands in the relation partly of a

continuation, partly of a protest.'[1]

[Footnote 1: _Op. cit._, vol. i. pt. ii. p. 381.]

But we venture to assert that the study of canonist economics, far

from being useful simply as an introduction to later theories, is of

great value in furnishing us with assistance in the solution of the

economic and social problems of the present day. The last fifty years

have witnessed a reaction against the scientific abstractions of the

classical economists, and modern thinkers are growing more and more

dissatisfied with an economic science which leaves ethics out of

account.[1] Professor Sidgwick, in his _Principles_ _of Political

Economy_, published in 1883, devotes a separate section to 'The Art

of Political Economy,' in which he remarks that 'The principles of

Political Economy are still most commonly understood even in England,

and in spite of many protests to the contrary, to be practical

principles--rules of conduct, public or private.'[2] The many

indications in recent literature and practice that the regulation of

prices should be controlled by principles of 'fairness' would take too

long to recite. It is sufficient to refer to the conclusion of Devas

on this point: 'The notion of just price, worked out in detail by the

theologians, and in later days rejected as absurd by the classical

economists, has been rightly revived by modern economists.'[3] Not

alone in the sphere of price, but in that of every other department

of economics, the impossibility of treating the subject as an abstract

science without regard to ethics is being rapidly abandoned. 'The best

usage of the present time,' according to the _Catholic Encyclopædia_,

'is to make political economy an ethical science--that is, to make it

include a discussion of what ought to be in the economic world as well

as what is.'[4] We read in the 1917 edition of Palgrave's _Dictionary

of Political Economy_, that 'The growing importance of distribution as

a practical problem has led to an increasing mutual interpenetration

of economic and ethical ideas, which in the development of economic

doctrine during the last century and a half has taken various forms.'

[5] The need for some principle by which just distribution can be

attained has been rendered pressing by the terrible effects of a

period of unrestricted competition. 'It has been widely maintained

that a strictly competitive exchange does not tend to be really

fair--some say cannot be really fair--when one of the parties is

under pressure of urgent need; and further, that the inequality of

opportunity which private property involves cannot be fully justified

on the principle of maintaining equal freedom, and leads, in fact, to

grave social injustice.'[5] In other words, the present condition of

affairs is admitted to be intolerable, and the task before the

world is to discover some alternative. The day when economics can be

divorced from ethics has passed away; there is a world-wide endeavour

to establish in the place of the old, a new society founded on an

ethical basis.[7] There are two, and only two, possible ways to

the attainment of this ideal--the way of socialism and the way of

Christianity. There can be no doubt the socialist movement derives a

great part of its popularity from its promise of a new order, based,

not on the unregulated pursuit of selfish desires, but on justice. 'To

this view of justice or equity,' writes Dr. Sidgwick, 'the socialistic

contention that labour can only receive its due reward if land and

other instruments of production are taken into public ownership,

and education of all kinds gratuitously provided by Government--has

powerfully appealed; and many who are not socialists, nor ignorant of

economic science, have been led by it to give welcome to the notion

that the ideally "fair" price of a productive service is a price at

least rendering possible the maintenance of the producers and their

families in a condition of health and industrial efficiency.' This

is not the place to enter into a discussion as to the merits

or practicability of any of the numerous schemes put forward by

socialists; it is sufficient to say that socialism is essentially

unhistorical, and that in our opinion any practical benefits which

it might bestow on society would be more than counterbalanced by the

innumerable evils which would be certain to emerge in a system based

on unsatisfactory foundations.

[Footnote 1: We must guard against the error, which is frequently

made, that, because the classical economists assumed self-interest

as the sole motive of economic action, they therefore approved of and

inculcated it.]

[Footnote 2: P. 401, and see Marshall's Preface to Price's _Industrial

Peace_, and Ashley, _op. cit._, vol. i. pt. i. p. 137.]

[Footnote 3: _Political Economy_, p. 268.]

[Footnote 4: Tit., 'Political Economy.']

[Footnote 5: Vol. iii. p. 138.]

[Footnote 6: _Ibid._]

[Footnote 7: See Laveleye, _Elements of Political Economy_ (Eng.

trans.), pp. 7-8. On the general conflict between the ethical and the

non-ethical schools of economists see Keynes, _Scope and Method_, pp.

20 _et seq_.]

The other road to the establishment of a society based on justice

is the way of Christianity, and, if we wish to attempt this path, it

becomes vitally important to understand what was the economic teaching

of the Church in the period when the Christian ethic was universally

recognised. During the whole Middle Ages, as we have said above, the

Canon Law was the test of right and wrong in the domain of economic

activity; production, consumption, distribution, and exchange were all

regulated by the universal system of law; once before economic life

was considered within the scope of moral regulation. It cannot be

denied that a study of the principles which were accepted during that

period may be of great value to a generation which is striving to

place its economic life once more upon an ethical foundation.

One error in particular we must be on our guard to avoid. We said

above that both the socialists and the Christian economists are agreed

in their desire to reintroduce justice into economic life. We must not

conclude, however, that the aims of these two schools are identical.

One very frequently meets with the statement that the teachings of

socialism are nothing more or less than the teachings of Christianity.

This contention is discussed in the following pages, where the

conclusion will be reached that, far from being in agreement,

socialism and Christian economics contradict each other on many

fundamental points. It is, however, not the aim of the discussion to

appraise the relative merits of either system, or to applaud one and

disparage the other. All that it is sought to do is to distinguish

between them; and to demonstrate that, whatever be the merits or

demerits of the two philosophies, they are two, and not one.

SECTION 4.--DIVISION OF THE SUBJECT

The opinion is general that the distinctive doctrine of the mediæval

Church which permeated the whole of its economic thought was the

doctrine of usury. The holders of this view may lay claim to very

influential supporters among the students of the subject. Ashley says

that 'the prohibition of usury was clearly the centre of the canonist

doctrine.'[1] Roscher expresses the same opinion in practically the

same words;[2] and Endemann sees the whole economic development of the

Middle Ages and the Renaissance as the victorious destruction of the

usury law by the exigencies of real life.[3] However impressed we

may be by the opinions of such eminent authorities, we, nevertheless,

cannot help feeling that on this point they are under a misconception.

There is no doubt that the doctrine of the canonists which impresses

the modern mind most deeply is the usury prohibition, partly because

it is not generally realised that the usury doctrine would not have

forbidden the receipt of any of the commonest kinds of unearned

revenue of the present day, and partly because the discussion of usury

occupies such a very large part of the writings of the canonists. It

may be quite true to say that the doctrine of usury was that which

gave the greatest trouble to the mediæval writers, on account of the

nicety of the distinctions with which it abounded, and on account of

the ingenuity of avaricious merchants, who continually sought to

evade the usury laws by disguising illegal under the guise of

legal transactions. In practice, therefore, the usury doctrine was

undoubtedly the most prominent part of the canonist teaching, because

it was the part which most tempted evasion; but to admit that is not

to agree with the proposition that it was the centre of the canonist

doctrine.

[Footnote: 1 _Op. cit._, vol. i. pt. ii. p. 399.]

[Footnote: 2 'Bekanntlich war das Wucherverbot der praktische

Mittelpunkt der ganzen kanonischen Wirthschaftspolitik,' _Op. cit._,

p. 8.]

[Footnote: 3 _Studien_, vol. i. p. 2 and _passim_. At vol. ii. p. 31

it is stated that the teaching on just price is a corollary of the

usury teaching. But Aquinas treats of usury in the article _following_

his treatment of just price.]

Our view is that the teaching on usury was simply one of the

applications of the doctrine that all voluntary exchanges of property

must be regulated by the precepts of commutative justice. In one sense

it might be said to be a corollary of the doctrine of just price. This

is apparently the suggestion of Dr. Cleary in his excellent book on

usury: 'It seems to me that the so-called loan of money is really

a sale, and that a loan of meal, wine, oil, gunpowder, and similar

commodities--that is to say, commodities which are consumed in use--is

also a sale. If this is so, as I believe it is, then loans of all

these consumptible goods should be regulated by the principles which

regulate sale contracts. A just price only may be taken, and the

return must be truly equivalent.'[1] This statement of Dr. Cleary's

seems well warranted, and finds support in the analogy which was drawn

between the legitimacy of interest--in the technical sense--and the

legitimacy of a vendor's increasing the price of an article by reason

of some special inconvenience which he would suffer by parting with

it. Both these titles were justified on the same ground, namely, that

they were in the nature of compensations, and arose independently of

the main contract of loan or sale as the case might be. 'Le vendeur

est en présence de l'acheteur. L'objet a pour lui une valeur

particulière: c'est un souvenir, par exemple. A-t-il le droit de

majorer le prix de vente? de dépasser le juste prix convenu? ... Avec

l'unanimité des docteurs on peut trouver légitime la majoration du

prix. L'évaluation commune distingue un double élément dans l'objet:

sa valeur ordinaire à laquelle répond le juste prix, et cette valeur

extraordinaire qui appartient au vendeur, dont il se prive et qui

mérite une compensation: il le fait pour ainsi dire l'objet d'un

second contrat qui se superpose au premier. Cela est si vrai que le

supplément de prix n'est pas dû au même titre que le juste prix.'[2]

The importance of this analogy will appear when we come to treat just

price and usury in detail; it is simply referred to here in support of

the proposition that, far from being a special doctrine _sui generis_,

the usury doctrine of the Church was simply an application to the sale

of consumptible things of the universal rules which applied to all

sales. In other words, the doctrines of the just price and of usury

were founded on the same fundamental precept of justice in exchange.

If we indicate what this precept was, we can claim to have indicated

what was the true centre of the canonist doctrine.

[Footnote 1: _The Church and Usury_, p. 186.]

[Footnote 1: Desbuquois, 'La Justice dans l'Echange,' _Semaine Sociale

de France_, 1911, p. 174.]

The scholastic teaching on the subject of the rules of justice in

exchange was founded on the famous fifth book of Aristotle's _Ethics_,

and is very clearly set forth by Aquinas. In the article of the

_Summa_, where the question is discussed, 'Whether the mean is to be

observed in the same way in distributive as in commutative justice?'

we find a clear exposition: 'In commutations something is delivered to

an individual on account of something of his that has been received,

as may be seen chiefly in selling and buying, where the notion of

commutation is found primarily. Hence it is necessary to equalise

thing with thing, so that the one person should pay back to the other

just so much as he has become richer out of that which belonged to

the other. The result of this will be equality according to the

_arithmetical_ mean, which is gauged according to equal excess in

quantity. Thus 5 is the mean between 6 and 4, since it exceeds the

latter, and is exceeded by the former by 1. Accordingly, if at the

start both persons have 5, and one of them receives 1 out of the

other's belongings, the one that is the receiver will have 6, and the

other will be left with 4: and so there will be justice if both are

brought back to the mean, I being taken from him that has 6 and given

to him that has 4, for then both will have 5, which is the mean.'[1]

In the following article the matter of each kind of justice is

discussed. We are told that: 'Justice is about certain external

operations, namely, distribution and commutation. These consist in the

use of certain externals, whether things, persons, or even works: of

things as when one man takes from or restores to another that which

is his: of persons as when a man does an injury to the very person of

another...: and of works as when a man justly enacts a work of another

or does a work for him.... Commutative justice directs commutations

that can take place between two persons. Of these some are

involuntary, some voluntary.... Voluntary commutations are when a

man voluntarily transfers his chattel to another person. And if he

transfer it simply so that the recipient incurs no debt, as in the

case of gifts, it is an act not of justice, but of liberality. A

voluntary transfer belongs to justice in so far as it includes the

notion of debt.' Aquinas then goes on to distinguish between the

different kinds of contract, sale, usufruct, loan, letting and hiring,

and deposit, and concludes, 'In all these actions the mean is taken in

the same way according to the equality of repayment. Hence all these

actions belong to the one species of justice, namely, commutative

justice.'[2]

[Footnote 1: ii. ii. 61, 2.]

[Footnote 2: ii. ii. 61, 3. The reasoning of Aristotle is

characteristically reinforced by the quotation of Matt. vii. 12; ii.

ii. 77,1.]

This is not the place to discuss the precise meaning of the equality

upon which Aquinas insists, which will be more properly considered

when we come to deal with the just price. What is to be noticed at

present is that all the transactions which are properly comprised in

a discussion of economic theory--sales, loans, etc.--are grouped

together as being subject to the same regulative principle. It

therefore appears more correct to approach the subject which we are

attempting to treat by following that principle into its various

applications, than by making one particular application of the

principle the starting-point of the discussion.

It will be noticed, however, that the principles of commutative

justice all treat of the commutations of external goods--in other

words, they assume the existence of property of external goods in

individuals. Commutations are but a result of private property; in a

state of communism there could be no commutation. This is well pointed

out by Gerson[1] and by Nider.[2] It consequently is important,

before discussing exchange of ownership, to discuss the principle of

ownership itself; or, in other words, to study the static before the

dynamic state.[3]

[Footnote 1: _De Contractibus_, i. 4 'Inventa est autem commutatio

civilis post peccatum quoniam status innocentias habuit omnia

communia.']

[Footnote 2: _De Contractibus_, v. 1: 'Nunc videndum est breviter unde

originaliter proveniat quod rerum dominia sunt distincta, sic quod

hoc dicatur meum et illud tuum; quia illud est fundamentum omnis

injustitiae in contractando rem alienam, et post omnis injustitia

reddendo eam.']

[Footnote 3: See l'Abbé Desbuquois, _op. cit._, p. 168.]

We shall therefore deal in the first place with the right of private

property, which we shall show to have been fully recognised by the

mediæval writers. We shall then point out the duties which this

right entailed, and shall establish the position that the scholastic

teaching was directed equally against modern socialistic principles

and modern unregulated individualism. The next point with which we

shall deal is the exchange of property between individuals, which is a

necessary corollary of the right of property. We shall show that such

exchanges were regulated by well-defined principles of commutative

justice, which applied equally in the case of the sale of goods and in

the case of the sale of the use of money. The last matter with which

we shall deal is the machinery by which exchanges are conducted,

namely, money. Many other subjects, such as slavery and the legitimacy

of commerce, will be treated as they arise in the course of our

treatment of these principal divisions.

In its ultimate analysis, the whole subject may be reduced to a

classification of the various duties which attached to the right of

private property. The owner of property, as we shall see, was bound

to observe certain duties in respect of its acquisition and its

consumption, and certain other duties in respect of its exchange,

whether it consisted of goods or of money. The whole fabric of

mediæval economics was based on the foundation of private property;

and the elaborate and logical system of regulations to ensure justice

in economic life would have had no purpose or no use if the subject

matter of that justice were abolished.

It must not be understood that the mediæval writers treated economic

subjects in this order, or in any order at all. As we have already

said, economic matters are simply referred to in connection with

ethics, and were not detached and treated as making up a distinct

body of teaching. Ashley says: 'The reader will guard himself against

supposing that any mediæval writer ever detached these ideas from

the body of his teaching, and put them together as a modern text-book

writer might do; or that they were ever presented in this particular

order, and with the connecting argument definitely stated.'[1]

[Footnote 1: _Op. cit._, vol. i. pt. ii. p. 387.]

CHAPTER II

PROPERTY

SECTION 1.--THE RIGHT TO PROCURE AND DISPENSE PROPERTY

The teaching of the mediæval Church on the subject of property was

perfectly simple and clear. Aquinas devoted a section of the _Summa_

to it, and his opinion was accepted as final by all the later writers

of the period, who usually repeat his very words. However, before

coming to quote and explain Aquinas, it is necessary to deal with

a difficulty that has occurred to several students of Christian

economics, namely, that the teaching of the scholastics on the subject

of property was in some way opposed to the teaching of the early

Church and of Christ Himself. Thus Haney says: 'It is necessary to

keep the ideas of Christianity and the Church separate, for few

will deny that Christianity as a religion is quite distinct from the

various institutions or Churches which profess it....' And he goes

on to point out that, whereas Christianity recommended community of

property, the Church permitted private property and inequality.[1]

Strictly speaking, the reconciliation of the mediæval teaching with

that of the primitive Church might be said to be outside the scope of

the present essay. In our opinion, however, it is important to insist

upon the fundamental harmony of the teaching of the Church in the two

periods, in the first place, because it is impossible to understand

the later without an understanding of the earlier doctrine from which

it developed, and secondly, because of the widespread prevalence, even

among Catholics, of the erroneous idea that the scholastic teaching

was opposed to the ethical principle laid down by the Founder of

Christianity.

[Footnote 1: _Op. cit._, p. 73.]

Amongst the arguments which are advanced by socialists none is more

often met than the alleged socialist teaching and practice of the

early Christians. For instance, Cabet's _Voyage en Icarie_ contains

the following passage: 'Mais quand on s'enfonce sérieusement et

ardemment dans la question de savoir comment la société pourrait être

organisée en Démocratie, c'est-à-dire sur les bases de l'Égalité et de

la Fraternité, on arrive à reconnaître que cette organisation exige

et entraîne nécessairement la communauté de biens. Et nous hâtons

d'ajouter que cette communauté était également proclamée par

Jésus-Christ, par tous ses apôtres et ses disciples, par tous les

pères de l'Église et tous les Chrétiens des premiers siècles.' The

fact that St. Thomas Aquinas, the great exponent of Catholic teaching

in the Middle Ages, defends in unambiguous language the institution of

private property offers no difficulties to the socialist historian of

Christianity. He replies simply that St. Thomas wrote in an age when

the Church was the Church of the rich as well as of the poor; that

it had to modify its doctrines to ease the consciences of its rich

members; and that, ever since the conversion of Constantine, the

primitive Christian teaching on property had been progressively

corrupted by motives of expediency, until the time of the _Summa_,

when it had ceased to resemble in any way the teaching of the

Apostles.[1] We must therefore first of all demonstrate that there is

no such contradiction between the teaching of the Apostles and that of

the mediæval Church on the subject of private property, but that,

on the contrary, the necessity of private property was at all times

recognised and insisted on by the Catholic Church. As it is put in an

anonymous article in the _Dublin Review_: 'Among Christian nations we

discover at a very early period a strong tendency towards a general

and equitable distribution of wealth and property among the whole body

politic. Grounded on an ever-increasing historical evidence, we might

possibly affirm that the mediæval Church brought her whole weight to

bear incessantly upon this one singular and single point.'[2]

[Footnote 1: See, _e.g._, Nitti, _Catholic Socialism_, p. 71. 'Thus,

then, according to Nitti, the Christian Church has been guilty of the

meanest, most selfish, and most corrupt utilitarianism in her attitude

towards the question of wealth and property. She was communistic when

she had nothing. She blessed poverty in order to fill her own coffers.

And when the coffers were full she took rank among the owners of

land and houses, she became zealous in the interests of property, and

proclaimed that its origin was divine' ('The Fathers of the Church and

Socialism,' by Dr. Hogan, _Irish Ecclesiastical Record_, vol. xxv. p.

226).]

[Footnote 2: 'Christian Political Economy,' _Dublin Review_, N.S.,

vol. vi. p. 356]

The alleged communism of the first Christians is based on a few verses

of the Acts of the Apostles describing the condition of the Church of

Jerusalem. 'And they that believed were together and had all things

common; And sold their possessions and goods, and parted them to

all men, as every man had need.'[1] 'And the multitude of them that

believed were of one heart and of one soul: neither said any of them

that aught of the things which he possessed was his own; but they had

all things common. Neither was there any amongst them that lacked: for

as many as were possessors of land or houses sold them, and brought

the price of the things that were sold, And laid them down at the

apostles' feet: and distribution was made unto every man according as

he had need.'[2]

[Footnote 1: ii. 44-45.]

[Footnote 2: iv. 32, 34, 35.]

It is by no means clear whether the state of things here depicted

really amounted to communism in the strict sense. Several of the most

enlightened students of the Bible have come to the conclusion that the

verses quoted simply express in a striking way the great liberality

and benevolence which prevailed among the Christian fraternity at

Jerusalem. This view was strongly asserted by Mosheim,[1] and is held

by Dr. Carlyle. 'A more careful examination of the passages in the

Acts,' says the latter,[2] 'show clearly enough that this was no

systematic division of property, but that the charitable instinct

of the infant Church was so great that those who were in want were

completely supported by those who were more prosperous.... Still there

was no systematic communism, no theory of the necessity of it.' Colour

is lent to this interpretation by the fact that similar words

and phrases were used to emphasise the prevalence of charity and

benevolence in later communities of Christians, amongst whom, as

we know from other sources, the right of private property was fully

admitted. Thus Tertullian wrote:[3] 'One in mind and soul, we do not

hesitate to share our earthly goods with one another. All things are

common among us but our wives.' This passage, if it were taken alone,

would be quite as strong and unambiguous as those from the Acts; but

fortunately, a few lines higher up, Tertullian had described how the

Church was supported, wherein he showed most clearly that private

property was still recognised and practised: 'Though we have our

treasure-chest, it is not made up of purchase-money, as of a religion

that has its price. On the monthly collection day, if he likes, each

puts in a small donation; but only if he has pleasure, and only if

he be able; all is voluntary.' This point is well put by Bergier:[4]

'Towards the end of the first century St. Barnabas; in the second,

St. Justin and St. Lucian; in the third, St. Clement of Alexandria,

Tertullian, Origen, St. Cyprian; in the fourth, Arnobius and

Lactantius, say that among the Christians all goods are common; there

was then certainly no question of a communism of goods taken in the

strict sense.'

[Footnote 1: _Dissert. ad Hist. Eccles._, vol. ii. p. 1.]

[Footnote 2: 'The Political Theory of the Ante-Nicene Fathers,'

_Economic Review_, vol. ix.]

[Footnote 3: _Apol._ 39.]

[Footnote 4: _Dictionnaire de Théologie_, Paris, 1829, tit.

'Communauté.']

It is therefore doubtful if the Church at Jerusalem, as described in

the Acts, practised communism at all, as apart from great liberality

and benevolence. Assuming, however, that the Acts should be

interpreted in their strict literal sense, let us see to what the

so-called communism amounted.

In the first place, it is plain from Acts iv. 32 that the communism

was one of use, not of ownership. It was not until the individual

owner had sold his goods and placed the proceeds in the common fund

that any question of communism arose. 'Whiles it remained was it not

thine own,' said St. Peter, rebuking Ananias, 'and after it was sold

was it not in thine own power?'[1] This distinction is particularly

important in view of the fact that it is precisely that insisted on by

St. Thomas Aquinas. There is no reason to suppose that the community

of use practised at Jerusalem was in any way different from that

advocated by Aquinas--namely, 'the possession by a man of external

things, not as his own, but in common, so that, to wit, he is ready to

communicate them to others in their need.'

[Footnote 1: Roscher, _Political Economy_ (Eng. trans.), vol. i. p.

246; _Catholic Encyclopædia_, tit. 'Communism.']

In the next place, we must observe that the communism described in the

Acts was purely voluntary. This is quite obvious from the relation in

the fifth chapter of the incident of Ananias and Sapphira. There is

no indication that the abandonment of one's possessory rights was

preached by the Apostles. Indeed, it would be difficult to understand

why they should have done so, when Christ Himself had remained

silent on the subject. Far from advocating communism, the Founder

of Christianity had urged the practice of many virtues for which

the possession of private property was essential. 'What Christ

recommended,' says Sudre,[1] 'was voluntary abnegation or almsgiving.

But the giving of goods without any hope of compensation, the

spontaneous deprivation of oneself, could not exist except under a

system of private property ... they were one of the ways of exercising

such rights.' Moreover, as the same author points out, private

property was fully recognised under the Jewish dispensation, and

Christ would therefore have made use of explicit language if he had

intended to alter the old law in this fundamental respect. 'Think not

that I am come to destroy the law or the prophets: I am not come

to destroy, but to fulfil.'[2] At the time of Christ's preaching, a

Jewish sect, the Essenes, were endeavouring to put into practice the

ideals of communism, but there is not a word in the Gospels to suggest

that He ever held them up as an example to His followers. 'Communism

was never preached by Christ, although it was practised under His

very eyes by the Essenes. This absolute silence is equivalent to an

implicit condemnation.'[3]

[Footnote 1: _Histoire du Communisme_, p. 39.]

[Footnote 2: Matt. v. 17.]

[Footnote 3: Sudre, _op. cit._, p. 44. On the Essenes see 'Historic

Phases of Socialism,' by Dr. Hogan, _Irish Ecclesiastical Record_,

vol. xxv. p. 334. Even Huet discounts the importance of this instance

of communism, _Le Règne social du Christianisme_, p. 38.]

Nor was communism preached as part of Christ's doctrine as taught

by the Apostles. In Paul's epistles there is no direction to the

congregations addressed that they should abandon their private

property; on the contrary, the continued existence of such rights is

expressly recognised and approved in his appeals for funds for the

Church at Jerusalem.[1] Can it be that, as Roscher says,[2] the

experiment in communism had produced a chronic state of poverty in the

Church at Jerusalem? Certain it is the experiment was never repeated

in any of the other apostolic congregations. The communism at

Jerusalem, if it ever existed at all, not only failed to spread to

other Churches, but failed to continue at Jerusalem itself. It is

universally admitted by competent students of the question that the

phenomenon was but temporary and transitory.[3]

[Footnote 1: _e.g._ Rom. xv. 26, 1 Cor. xvi. 1.]

[Footnote 2: _Political Economy_, vol. i. p. 246.]

[Footnote 3: Sudre, _op. cit._; Salvador, _Jésus-Christ et sa

Doctrine_, vol. ii. p. 221. See More's _Utopia_.]

The utterances of the Fathers of the Church on property are scattered

and disconnected. Nevertheless, there is sufficient cohesion in them

to enable us to form an opinion of their teaching on the subject. It

has, as we have said, frequently been asserted that they favoured

a system of communism, and disapproved of private ownership. The

supporters of this view base their arguments on a number of isolated

texts, taken out of their context, and not interpreted with any regard

to the circumstances in which they were written. 'The mistake,' as

Devas says,[1] 'of representing the early Christian Fathers of the

Church as rank socialists is frequently made by those who are friendly

to modern socialism; the reason for it is that either they have taken

passages of orthodox writers apart from their context, and without

due regard to the circumstances in which they were written, and the

meaning they would have conveyed to their hearers; or else, by a

grosser blunder, the perversions of heretics are set forth as the

doctrine of the Church, and a sad case arises of mistaken identity.' A

careful study of the patristic texts bearing on the subject leads one

to the conclusion that Mr. Devas's view is without doubt the correct

one.[2]

[Footnote 1: _Dublin Review_, Jan. 1898.]

[Footnote 2: Dr. Hogan, in an article entitled 'The Fathers of the

Church and Socialism,' in the _Irish Ecclesiastical Record_, vol.

xxv. p. 226, has examined all the texts relative to property in the

writings of Tertullian, St. Justin Martyn, St. Clement of Rome, St.

Clement of Alexandria, St. Basil, St. Ambrose, St. John Chrysostom,

St. Augustine, and St. Gregory the Great; and the utterances of St.

Basil, St. Ambrose, and St. Jerome are similarly examined in 'The

Alleged Socialism of the Church Fathers,' by Dr. John A. Ryan.

The patristic texts are also fully examined by Abbé Calippe in 'Le

Caractère sociale de la Propriété' in _La Semaine Sociale de France_,

1909, p. 111. The conclusion come to after thorough examinations such

as these is always the same. For a good analysis of the patristic

texts from the communistic standpoint, see Conrad Noel, _Socialism in

Church History_.]

The passages from the writings of the Fathers which are cited by

socialists who are anxious to support the proposition that socialism

formed part of the early Christian teaching may be roughly divided

into four groups: first, passages where the abandonment of earthly

possessions is held up as a work of more than ordinary devotion--in

other words, a counsel of perfection; second, those where the practice

of almsgiving is recommended in the rhetorical and persuasive language

of the missioner--where the faithful are exhorted to exercise their

charity to such a degree that it may be said that the rich and the

poor have all things in common; third, passages directed against

avarice and the wrongful acquisition or abuse of riches; and fourth,

passages where the distinction between the natural and positive law on

the matter is explained.

The following passage from Cyprian is a good example of an utterance

which was clearly meant as a counsel of perfection. Isolated sentences

from this passage have frequently been quoted to prove that Cyprian

was an advocate of communism; but there can be no doubt from the

passage as a whole, that all that he was aiming at was to cultivate in

his followers a high detachment from earthly wealth, and that, in so

far as complete abandonment of one's property is recommended, it is

simply indicated as a work of quite unusual devotion. It is noteworthy

that this passage occurs in a treatise on almsgiving, a practice which

presupposes a system of individual ownership:[1] 'Let us consider what

the congregation of believers did in the time of the Apostles, when

at the first beginnings the mind flourished with greater virtues, when

the faith of believers burned with a warmth of faith yet new. Thus

they sold houses and farms, and gladly and liberally presented to

the Apostles the proceeds to be dispersed to the poor; selling and

alienating their earthly estate, they transferred their lands thither

where they might receive the fruits of an eternal possession, and

there prepared houses where they might begin an eternal habitation.

Such, then, was the abundance in labours as was the agreement in love,

as we read in the Acts--"Neither said any of them that aught of

the things which he possessed was his own; but they had all things

common." This is truly to become son of God by spiritual birth; this

is to imitate by the heavenly law the equity of God the Father. For

whatever is of God is common in our use; nor is any one excluded from

His benefits and His gifts so as to prevent the whole human race from

enjoying equally the divine goodness and liberality. Thus the day

equally enlightens, the sun gives radiance, the rain moistens, the

wind blows, and the sleep is one to those who sleep, and the splendour

of Stars and of the Moon is common. In which examples of equality he

who as a possessor in the earth shares his returns and his fruits

with the fraternity, while he is common and just in his gratuitous

bounties, is an imitator of God the Father.'

[Footnote 1: _De Opere et Eleemosynis_, 25.]

There is a much-quoted passage of St. John Chrysostom which is

capable of the same interpretation. In his commentary on the

alleged communistic existence of the Apostles at Jerusalem the Saint

emphasises the fact that their communism was voluntary: 'That this was

in consequence not merely of the miraculous signs, but of their

own purpose, is manifest from the case of Ananias and Sapphira.' He

further insists on the fact that the members of this community were

animated by unusual fervour: 'From the exceeding ardour of the

givers none was in want.' Further down, in the same homily, St. John

Chrysostom urges the adoption of a communistic system of housekeeping,

but purely on the grounds of domestic economy and saving of labour.

There is not a word to suggest that a communistic system was morally

preferable to a proprietary one.[1]

[Footnote 1: _Hom, on Acts xi_. That voluntary poverty was regarded

as a counsel of perfection by Aquinas is abundantly clear from many

passages in his works, _e.g. Summa_, I. ii. 108, 4; II. ii. 185, 6;

II. ii. 186, 3; _Summa cont. Gent_., iii. 133. On this, as on every

other point, the teaching of Aquinas is in line with that of the

Fathers.]

The second class of patristic texts which are relied on by socialists

are, as we have said, those 'where the practice of almsgiving

is recommended in the rhetorical and persuasive language of the

missioner--where the faithful are exhorted to exercise their charity

to such a degree that it may be said that the rich and poor have all

things in common.' Such passages are very frequent throughout the

writings of the Fathers, but we may give as examples two, which are

most frequently relied on by socialists. One of these is from St.

Ambrose:[1] 'Mercy is a part of justice; and if you wish to give to

the poor, this mercy is justice. "He hath dispersed, he hath given

to the poor; his righteousness endureth for ever."[2] It is therefore

unjust that one should not be helped by his neighbour; when God hath

wished the possession of the earth to be common to all men, and its

fruits to minister to all; but avarice established possessory rights.

It is therefore just that if you lay claim to anything as your private

property, which is really conferred in common to the whole human race,

that you should dispense something to the poor, so that you may not

deny nourishment to those who have the right to share with you.' The

following passage from Gregory the Great[3] is another example of

this kind of passage: 'Those who rather desire what is another's, nor

bestow that is their own, are to be admonished to consider carefully

that the earth out of which they are taken is common to all men, and

therefore brings forth nourishment for all in common. Vainly, then,

do they suppose themselves innocent who claim to their own private

use the common gift of God; those who in not imparting what they have

received walk in the midst of the slaughter of their neighbours; since

they almost daily slay so many persons as there are dying poor whose

subsidies they keep close in their own possession.'

[Footnote 1: _Comm. on Ps. cxviii._, viii. 22.]

[Footnote 2: Ps. cxii. 9.]

[Footnote 3: _Lib. Reg. Past._, iii. 21.]

The third class of passages to which reference must be made is

composed of the numerous attacks which the Fathers levelled against

the abuse or wrongful acquisition of riches. These passages do not

indicate that the Fathers favoured a system of communism, but point

in precisely the contrary direction. If property were an evil thing

in itself, they would not have wasted so much time in emphasising the

evil uses to which it was sometimes put. The insistence on the abuses

of an institution is an implicit admission that it has its uses.

Thus Clement of Alexandria devotes a whole treatise to answering the

question 'Who is the rich man who can be saved?' in which it appears

quite plainly that it is the possible abuse of wealth, and the

possible too great attachment to worldly goods, that are the principal

dangers in the way of a rich man's salvation. The suggestion that

in order to be saved a man must abandon all his property is strongly

controverted. The following passage from St. Gregory Nazianzen[1]

breathes the same spirit: 'One of us has oppressed the poor, and

wrested from him his portion of land, and wrongly encroached upon his

landmarks by fraud or violence, and joined house to house, and field

to field, to rob his neighbour of something, and has been eager to

have no neighbour, so as to dwell alone on the earth. Another has

defiled the land with usury and interest, both gathering where he has

not sowed and reaping where he has not strewn, farming not the land

but the necessity of the needy.... Another has had no pity on the

widow and orphans, and not imparted his bread and meagre nourishment

to the needy; ... a man perhaps of much property unexpectedly gained,

for this is the most unjust of all, who finds his very barns too

narrow for him, fining some and emptying others to build greater ones

for future crops.' Similarly Clement of Rome advocates _frugality_

in the enjoyment of wealth;[2] and Salvian has a long passage on the

dangers of the abuse of riches.[3]

[Footnote 1: _Orat_., xvi. 18.]

[Footnote 2: _The Instructor_, iii. 7.]

[Footnote 3: _Ad Eccles._, i. 7.]

The fourth group of passages is that in which the distinction between

the natural and positive law on the matter is explained. It is here

that the greatest confusion has been created by socialist writers, who

conclude, because they read in the works of some of the Fathers that

private property did not exist by natural law, that it was therefore

condemned by them as an illegitimate institution. Nothing could be

more erroneous. All that the Fathers meant in these passages was that

in the state of nature--the idealised Golden Age of the pagans, or the

Garden of Eden of the Christians--there was no individual ownership of

goods. The very moment, however, that man fell from that ideal state,

communism became impossible, simply on account of the change that had

taken place in man's own nature. To this extent it is true to say

that the Fathers regarded property with disapproval; it was one of the

institutions rendered necessary by the fall of man. Of course it would

have been preferable that man should not have fallen from his natural

innocence, in which case he could have lived a life of communism;

but, as he had fallen, and communism had from that moment become

impossible, property must be respected as the one institution which

could put a curb on his avarice, and preserve a society of fallen men

from chaos and general rapine.

That this is the correct interpretation of the patristic utterances

regarding property and natural law appears from the following

passage of _The Divine Institution_ of Lactantius--'the most explicit

statement bearing on the Christian idea of property in the first four

centuries':[1] '"They preferred to live content with a simple mode

of life," as Cicero relates in his poems; and this is peculiar to our

religion. "It was not even allowed to mark out or to divide the plain

with a boundary: men sought all things in common,"[2] since God had

given the earth in common to all, that they might pass their life in

common, not that mad and raging avarice might claim all things for

itself, and that riches produced for all might not be wanting to any.

And this saying of the poet ought so to be taken, not as suggesting

the idea that individuals at that time had no private property, but it

must be regarded as a poetical figure, that we may understand that

men were so liberal, that they did not shut up the fruits of the earth

produced for them, nor did they in solitude brood over the things

stored up, but admitted the poor to share the fruits of their labour:

"Now streams of milk, now streams of nectar flowed."[3]

And no wonder, since the storehouses of the good literally lay open

to all. Nor did avarice intercept the divine bounty, and thus cause

hunger and thirst in common; but all alike had abundance, since they

who had possessions gave liberally and bountifully to those who had

not. But after Saturnus had been banished from heaven, and had arrived

in Latium ... not only did the people who had a superfluity fail

to bestow a share upon others, but they even seized the property of

others, drawing everything to their private gain; and the things which

formerly even individuals laboured to obtain for the common use of all

were now conveyed to the powers of a few. For that they might subdue

others by slavery, they began to withdraw and collect together the

necessaries of life, and to keep them firmly shut up, that they might

make the bounties of heaven their own; not on account of kindness

(_humanitas_), a feeling which had no existence for them, but that

they might sweep together all the instruments of lust and avarice.'[4]

[Footnote 1: 'The Biblical and Early Christian Idea of Property,' by

Dr. V. Bartlett, in _Property, its Duties and Rights_ (London, 1913).]

[Footnote 2: _Georg._, i. 126.]

[Footnote 3: Ovid, _Met._, I. iii.]

[Footnote 4: Lactantius, _Div. Inst._, v. 5-6.]

It appears from the above passage that Lactantius regarded the era in

which a system of communism existed as long since vanished, if indeed

it ever had existed. The same idea emerges from the writings of St.

Augustine, who drew a distinction between divine and human right. 'By

what right does every man possess what he possesses?' he asks.[1] 'Is

it not by human right? For by divine right "the earth is the Lord's,

and the fullness thereof." The poor and the rich God made of one clay;

the same earth supports alike the poor and the rich. By human right,

however, one says, This estate is mine, this servant is mine, this

house is mine. By human right, therefore, is by right of the Emperor.

Why so? Because God has distributed to mankind these very human rights

through the emperors and kings of the world.'

[Footnote 1: _Tract in Joh. Ev._, vi. 25.]

The socialist commentators of St. Augustine have strained this, and

similar passages, to mean that because property rests on human, and

not on divine, right, therefore it should not exist at all. It is, of

course true that what human right has created human right can repeal;

and it is therefore quite fair to argue that all the citizens of a

community might agree to live a life of communism. That is simply an

argument to prove that there is nothing immoral in communism, and does

not prove in the very slightest degree that there is anything immoral

in property. On the contrary, so long as 'the emperors and kings of

the world' ordain that private property shall continue, it would be,

according to St. Augustine, immoral for any individual to maintain

that such ordinances were wrongful.

The correct meaning of the patristic distinction between natural and

positive law with regard to property is excellently summarised in Dr.

Carlyle's essay on _Property in Mediæval Theology_:[1] 'What do the

expressions of the Fathers mean? At first sight they might seem to be

an assertion of communism, or denunciation of private property as a

thing which is sinful or unlawful. But this is not what the Fathers

mean. There can be little doubt that we find the sources of these

words in such a phrase as that of Cicero--"Sunt autem privata nulla

natura"[2]--and in the Stoic tradition which is represented in one of

Seneca's letters, when he describes the primitive life in which men

lived together in peace and happiness, when there was no system of

coercive government and no private property, and says that man passed

out of this primitive condition as their first innocence disappeared,

as they became avaricious and dissatisfied with the common enjoyment

of the good things of the world, and desired to hold them as their

private possession.[3] Here we have the quasi-philosophical theory,

from which the patristic conception is derived. When men were

innocent there was no need for private property, or the other great

conventional institutions of society, but as this innocence passed

away, they found themselves compelled to organise society and to

devise institutions which should regulate the ownership and use of

the good things which men had once held in common. The institution of

property thus represents the fall of man from his primitive innocence,

through greed and avarice, which refused to recognise the common

ownership of things, and also the method by which the blind greed of

human nature might be controlled and regulated. It is this ambiguous

origin of the institution which explains how the Fathers could hold

that private property was not natural, that it grew out of men's

vicious and sinful desires, and at the same time that it was a

legitimate institution.'

Janet takes the same view of the patristic utterances on this

subject:[4] 'What do the Fathers say? It is that in Jesus Christ there

is no mine and thine. Nothing is more true, without doubt; in the

divine order, in the order of absolute charity, where men are

wholly wrapt up in God, distinction and inequality of goods would be

impossible. But the Fathers saw clearly that such a state of things

was not realisable here below. What did they do? They established

property on human law, positive law, imperial law. Communism is

either a Utopia or a barbarism; a Utopia if one imagine it founded on

universal devotion; a barbarism if one imposes it by force.'[5]

[Footnote 1: _Property, Its Duties and Rights_ (London, 1913).]

[Footnote 2: _De Off._, i. 7.]

[Footnote 3: Seneca, _Ep._, xiv. 2.]

[Footnote 4: _Histoire de la Science politique_, vol. i. p. 330.]

[Footnote 5: See also Jarrett, _Mediæval Socialism_.]

It must not be concluded that the evidence of the approbation by the

Fathers of private property is purely negative or solely derived from

the interpretation of possibly ambiguous texts. On the contrary,

the lawfulness of property is emphatically asserted on more than one

occasion. 'To possess riches,' says Hilary of Poictiers,[1] 'is not

wrongful, but rather the manner in which possession is used.... It

is a crime to possess wrongfully rather than simply to possess.' 'Who

does not understand,' asks St. Augustine,[2] 'that it is not sinful to

possess riches, but to love and place hope in them, and to prefer them

to truth or justice?' Again, 'Why do you reproach us by saying that

men renewed in baptism ought no longer to beget children or to

possess fields and houses and money? Paul allows it.'[3] According to

Ambrose,[4] 'Riches themselves are not wrongful. Indeed, "redemptio

animae* viri divitiae* ejus," because he who gives to the poor saves

his soul. There is therefore a place for goodness in these material

riches. You are as steersmen in a great sea. He who steers his ship

well, quickly crosses the waves, and comes to port; but he who does

not know how to control his ship is sunk by his own weight. Wherefore

it is written, "Possessio divitum civitas firmissima."' A Council in

A.D. 415 condemned the proposition held by Pelagius that 'the rich

cannot be saved unless they renounced their goods.'[5]

[Footnote 1: _Comm. on Matt. xix._ 9.]

[Footnote 2: _Contra Ad._, xx. 2.]

[Footnote 3: _De Mor. Eccl. Cath._, i. 35.]

[Footnote 4: _Epist._, lxiii. 92.]

[Footnote 5: _Revue Archéologique_, 1880, p. 321.]

The more one studies the Fathers the more one becomes convinced that

property was regarded by them as one of the normal and legitimate

institutions of human society. Benigni's conclusion, as the result of

his exceptionally thorough researches, is that according to the early

Fathers, 'property is lawful and ought scrupulously to be respected.

But property is subject to the high duties of human fellowship which

sprang from the equality and brotherhood of man. Collectivism is

absurd and immoral.'[1] Janet arrived at the same conclusion: 'In

spite of the words of the Fathers, in spite of the advice given by

Christ to the rich man to sell all his goods and give to the poor, in

spite of the communism of the Apostles, can one say that Christianity

condemned property? Certainly not. Christianity considered it a

counsel of perfection for a man to deprive himself of his goods; it

did not abrogate the right of anybody.'[2] The same conclusion is

reached by the Abbé Calippe in an excellent article published in _La

Semaine Sociale de France_, 1909. 'The right of property and of the

property owner are assumed.'[3] 'It is only prejudiced or superficial

minds which could make the writers of the fourth century the

precursors of modern communists or collectivists.'[4]

[Footnote 1: _L'Economia Sociale Christiana avanti Costantino_ (Genoa,

1897).]

[Footnote 2: _Histoire de la Science politique_, vol. i. p. 319.]

[Footnote 3: P. 114.]

[Footnote 4: P. 121.]

When we turn to St. Thomas Aquinas, we find that his teaching on the

subject of property is not at all out of harmony with that of the

earlier Fathers of the Church, but, on the contrary, summarises and

consolidates it. 'It remained to elaborate, to constitute a definite

theory of the right of property. It sufficed to harmonise, to

collaborate, and to relate one to the other these elements furnished

by the Christian doctors of the first four or five centuries; and this

was precisely the work of the great theologians of the Middle Ages,

especially of St. Thomas Aquinas.... In establishing his thesis St.

Thomas did not borrow from the Roman jurisconsults through the medium

of St. Isidore more than their vocabulary, their formulas, their

juridical distinctions; he also borrowed from Aristotle the arguments

upon which the philosopher based his right of property. But the ground

of his doctrine is undoubtedly of Christian origin. There is, between

the Fathers and him, a perfect continuity.'[1] 'Community of goods,'

he writes, 'is ascribed to the natural law, not that the natural

law dictates that all things should be possessed in common, and that

nothing should be possessed as one's own; but because the division of

possession is not according to the natural law, but rather arose from

human agreement, which belongs to positive law. Hence the ownership

of possessions is not contrary to the natural law, but an addition

thereto devised by human reason.' This is simply another way of

stating St. Augustine's distinction between natural and positive law.

If it speaks with more respect of positive law than St. Augustine

had done, it is because Aquinas was influenced by the Aristotelian

conception of the State being itself a natural institution, owing to

man being a social animal.[2]

[Footnote 1: Abbé Calippe, _op. cit._, 1909, p. 124.]

[Footnote 2: See Carlyle, _Property in Mediæval Theology_. Community

of goods is said to be according to natural law in the canon law,

but certain titles of acquiring private property are also said to be

natural, so that the passage does not help the discussion very much

(_Corp, Jur. Can._, Dec. 1. Dist. i. c. 7.)]

The explanation which St. Thomas gives of the necessity for property

also shows how clearly he agreed with the Fathers' teaching on natural

communism: 'Two things are competent to man in respect of external

things. One is the power to procure and dispense them, and in this

regard it is lawful for a man to possess property. Moreover, this is

necessary to human life for three reasons. First, because every man is

more careful to procure what is for himself alone than that which is

common to many or to all: since each one would shirk the labour, and

would leave to another that which concerns the community, as happens

when there is a great number of servants. Secondly, because human

affairs are conducted in more orderly fashion if each man is charged

with taking care of some particular thing himself, whereas there

would be confusion if everybody had to look after any one thing

indeterminately. Thirdly, because a more peaceful state is ensured to

man if each one is contented with his own. Hence it is to be observed

that quarrels more frequently occur when there is no division of the

things possessed.[1] It is quite clear from this passage that Aquinas

regarded property as something essential to the existence of society

in the natural condition of human nature--that is to say, the

condition that it had acquired at the fall. It is precisely the greed

and avarice of fallen man that renders property an indispensable

institution.

[Footnote 1: II. ii. 66, 2.]

There was another sense in which property was said to be according

to human law, in distinction to the natural law, namely, in the sense

that, whereas the general principle that men should own things might

be said to be natural, the particular proprietary rights of each

individual were determined by positive law. In other words, the

_fundamentum_ of property rights was natural, whereas the _titulus_

of particular property rights was according to positive law. This

distinction is stated clearly by Aquinas:[1] 'The natural right or

just is that which by its very nature is adjusted to or commensurate

with another person. Now this may happen in two ways; first, according

as it is considered absolutely; thus the male by its very nature is

commensurate with the female to beget offspring by her, and a parent

is commensurate with the offspring to nourish it. Secondly, a thing

is naturally commensurate with another person, not according as it

is considered absolutely, but according to something resultant from

it--for instance, the possession of property. For if a particular

piece of land be considered absolutely, it contains no reason why it

should belong to one man more than to another, but if it be considered

in respect of its adaptability to cultivation, and the unmolested use

of the land, it has a certain commensuration to be the property of

one and not of another man, as the Philosopher shows.' Cajetan's

commentary on this article clearly emphasises the distinction between

_fundamentum_ and _titulus_: 'In the ownership of goods two things are

to be discussed. The first is why one thing should belong to one man

and another thing to another. The second is why this particular field

should belong to this man, that field to that man. With regard to

the former inquiry, it may be said that the ownership of things is

according to the law of nations, but with regard to the second, it may

be said to result from the positive law, because in former times one

thing was appropriated by one man and another thing by another.' It

must not be supposed, however, from what we have just said, that there

are no natural titles to property. Labour, for instance, is a title

flowing from the natural law, as also is occupancy, and in certain

circumstances, prescription. All that is meant by the distinction

between _fundamentum_ and _titulus_ is that, whereas it can be clearly

demonstrated by natural law that the goods of the earth, which are

given by God for the benefit of the whole of mankind, cannot be made

use of to their full advantage unless they are made the subject of

private ownership, particular goods cannot be demonstrated to be

the lawful property of this or that person unless some human act

has intervened. This human act need not necessarily be an act of

agreement; it may equally be an act of some other kind--for instance,

a decree of the law-giver, or the exercise of labour upon one's own

goods. In the latter case, the additional value of the goods becomes

the lawful property of the person who has exerted the labour. Aquinas

therefore pronounced unmistakably in favour of the legitimacy of

private property, and in doing so was in full agreement with the

Fathers of the Church. He was followed without hesitation by all the

later theologians, and it is abundantly evident from their writings

that the right of private property was the keystone of their whole

economic system.[2]

[Footnote 1: II. ii. 57, 3.]

[Footnote 2: A community of goods, more or less complete, and a denial

of the rights of private property was part of the teaching of many

sects which were condemned as heretical--for instance, the Albigenses,

the Vaudois, the Bégards, the Apostoli, and the Fratricelli. (See

Brants, _Op. cit._, Appendix II.)]

Communism therefore was no part of the scholastic teaching, but it

must not be concluded from this that the mediævals approved of the

unregulated individualism which modern opinion allows to the owners of

property. The very strength of the right to own property entailed as a

consequence the duty of making good use of it; and a clear distinction

was drawn between the power 'of procuring and dispensing' property

and the power of using it. We have dealt with the former power in the

present section, and we shall pass to the consideration of the latter

in the next. In a later chapter we shall proceed to discuss the duties

which attached to the owners of property in regard to its exchange.

SECTION 2.--DUTIES REGARDING THE ACQUISITION AND USE OF PROPERTY

We referred at the end of the last section to the very important

distinction which Aquinas draws between the power of procuring and

dispensing[1] exterior things and the power of using them. 'The second

thing that is competent to man with regard to external things is their

use. In this respect man ought to possess external things, not as his

own, but as common, so that, to wit, he is ready to communicate them

to others in their need.'[2] These words wherein St. Thomas lays

down the doctrine of community of user of property were considered

as authoritative by all later writers on the subject, and were

universally quoted with approval by them,[3] and may therefore be

taken as expressing the generally held view of the Middle Ages. They

require careful explanation in order that their meaning be accurately

understood.[4] Cajetan's gloss on this section of the _Summa_ enables

us to understand its significance in a broad sense, but fuller

information must be derived from a study of other parts of the _Summa_

itself. 'Note,' says Cajetan, 'that the words that community of goods

in respect of use arises from the law of nature may be understood

in two ways, one positively, the other negatively. And if they are

understood in their positive sense they mean that the law of nature

dictates that all things are common to all men; if in their negative

sense, that the law of nature did not establish private ownership of

possessions. And in either sense the proposition is true if correctly

understood. In the first place, if they are taken in their positive

sense, a man who is in a position of extreme necessity may take

whatever he can find to succour himself or another in the same

condition, nor is he bound in such a case to restitution, because by

natural law he has but made use of his own. And in the negative sense

they are equally true, because the law of nature did not institute

one thing the property of one person, and another thing of another

person.' The principle of community of user flows logically from the

very nature of property itself as defined by Aquinas, who taught that

the supreme justification of private property was that it was the

most advantageous method of securing for the community the benefits of

material riches. While the owner of property has therefore an absolute

right to the goods he possesses, he must at the same time remember

that this right is established primarily on his power to benefit

his neighbour by his proper use of it. The best evidence of the

correctness of this statement is the fact that the scholastics

admitted that, if the owner of property was withholding it from the

community, or from any member of the community who had a real need of

it, he could be forced to apply it to its proper end. If the community

could pay for it, it was bound to do so; but if the necessitous person

could not pay for it, he was none the less entitled to take it.

The former of these cases was illustrated by the principle of the

_dominium eminens_ of the State; and the latter by the principle that

the giving of alms to a person in real need was a duty not of charity,

but of justice.[5] We shall see in a moment that the most usual

application of the principle enunciated by Aquinas was in the case

of one person's extreme necessity which required almsgiving from

another's superfluity, but, even short of such cases, there were rules

of conduct in respect of the user of property on all occasions which

were of extreme importance in the economic life of the time.

[Footnote 1: Goyau insists on the importance of the words 'procure'

and 'dispense.' 'Dont le premier éveille l'idée d'une constante

sollicitude, et dont le second évoque l'image d'une générosité

sympathetique' (_Autaur du Catholicisme Sociale_, vol. ii. p. 93).]

[Footnote 2: II. ii. 66, 2. In another part of the _Summa_ the same

distinction is clearly laid down. 'Bona temporalia quae* homini

divinitus conferuntur, ejus quidem sunt quantum ad proprietatem; sed

quantum ad usum non solum desent esse ejus, sed aliorum qui en eis

sustentari possunt en eo quod ei superfluit,' II. ii. 32, 6, ad 2.]

[Footnote 3: Janssen, _op. cit._, vol. ii. p. 91.]

[Footnote 4: The Abbé Calippe summarises St. Thomas's doctrine as

follows: 'Le droit de propriété est un droit réel; mais ce n'est pas

un droit illimité, les propriétaires ont des devoirs; ils ont des

devoirs parce que Dieu qui a créé la terre ne l'a pas créée pour eux

seuls, mais pour tous' (_Semaine Sociale de France_, 1909, p. 123).

According to Antoninus of Florence, goods could be evilly acquired,

evilly distributed, or evilly consumed (_Irish Theological Quarterly_,

vol. vii. p. 146).]

[Footnote 5: On the application of this principle by the popes in the

thirteenth and fifteenth centuries in the case of their own estates,

see Ardant, _Papes et Paysans_, a work which must be read with a

certain degree of caution (Nitti, _Catholic Socialism_, p. 290).]

These principles for the guidance of the owner of property are

not collected under any single heading in the _Summa_, but must be

gathered from the various sections dealing with man's duty to his

fellow-men and to himself. One leading virtue which was inculcated

with great emphasis by Aquinas was that of temperance. 'All

pleasurable things which come within the use of man,' we read in the

section dealing with this subject, 'are ordered to some necessity of

this life as an end. And therefore temperance accepts the necessity

of this life as a rule or measure of the things one uses, so that,

to wit, they should be used according as the necessity of this life

requires.'[1] St. Thomas explains, moreover, that 'necessary' must be

taken in the broad sense of suitable to one's condition of life,

and not merely necessary to maintain existence.[2] The principles of

temperance did not apply in any special way to the user of property

more than to the enjoyment of any other good;[3] but they are relevant

as laying down the broad test of right and wrong in the user of one's

goods.

[Footnote 1: II. ii. 141, 5.]

[Footnote 2: _Ibid._, ad. 2. As Buridan puts it (_Eth._, iv. 4), 'If

any man has more than is necessary for his own requirements, and

does not give away anything to the poor, and to his relations and

neighbours, he is acting against right reason.']

[Footnote 1: 'Rationalis creaturae* vera perfectio est unamquamque

rem tanti habere quanti habenda est, sicut pluris est anima quam esca;

fides et aequitas* quam pecunia' (Gerson, _De. Cont._).]

More particularly relevant to the subject before us is the teaching of

Aquinas on liberality, which is a virtue directly connected with the

user of property. Aquinas defines liberality as 'a virtue by which

men use well all those exterior things which are given to us for

sustenance.'[1] The limitations within which liberality should be

practised are stated in the same article: 'As St. Basil and St.

Ambrose say, God has given to many a superabundance of riches, in

order that they might gain merit by their dispensing them well. Few

things, however, suffice for one man; and therefore the liberal man

will advantageously expend more on others than on himself. In the

spiritual sphere a man must always care for himself before his

neighbours; and also in temporal things liberality does not demand

that a man should think of others to the exclusion of himself and

those dependent on him.'[2]

[Footnote 1: II. ii. 117, 1.]

[Footnote 2: _Ibid._, ad. 1.]

'It is not necessary for liberality that one should give away so much

of one's riches that not enough remains to sustain himself and to

enable him to perform works of virtue. This complete giving away

without reserve belongs to the state of the perfection of spiritual

life, of which we shall treat lower down; but it must be known that to

give one's goods liberally is an act of virtue which itself produces

happiness.'[1] The author proceeds to discuss whether making use of

money might be an act of liberality, and replies that 'as money is by

its very nature to be classed among useful goods, because all exterior

things are destined for the use of man, therefore the proper act of

liberality is the good use of money and other riches.'[2] Moreover,

'it belongs to a virtuous man not simply to use well the goods which

form the matter of his actions, but also to prepare the means and the

occasions to use them well; thus the brave soldier sharpens his blade

and keeps it in the scabbard, as well as exercising it on the enemy;

in like manner, the liberal man should prepare and reserve his riches

for a suitable use.'[3] It appears from this that to save part of

one's annual income to provide against emergencies in the future,

either by means of insurance or by investing in productive

enterprises, is an act of liberality.

[Footnote 1: II. ii. 117, ad. 2.]

[Footnote 2: _Ibid._, ad. 3.]

[Footnote 3: _Ibid._, ad. 2. 'Potest concludi quod accipere et

custodire modificata sunt acta liberalitatis.... Major per hoc

probatur quod dantem multotiens et consumentem, nihil autem

accipientem et custodientem cito derelinqueret substantia temporalis;

et ita perirent omnis ejus actus quia non habent amplius quid dare

et consumere.... Hic autem acceptio et custodia sic modificari debet.

Primo quidem oportet ut non sit injusta; secundo quod non sit de

cupiditate vel avaritia suspecta propter excessum; tertio quod non

permittat labi substantiam propter defectum ... Dare quando oportet et

custodire quando oportet dare contrariantur; sed dare quando oportet

et custodire quando oportet non contrariantur' (Buridan, _Eth._, iv.

2).]

The question is then discussed whether liberality is a part of

justice. Aquinas concludes 'that liberality is not a species

of justice, because justice renders to another what is his, but

liberality gives him what is the giver's own. Still, it has a certain

agreement with justice in two points; first that it is to another,

as justice also is; secondly, that it is about exterior things like

justice, though in another way. And therefore liberality is laid down

by some to be a part of justice as a virtue annexed to justice as an

accessory to a principal.'[1] Again, 'although liberality supposes not

any legal debt as justice does, still it supposes a certain moral debt

considering what is becoming in the person himself who practises the

virtue, not as though he had any obligation to the other party;

and therefore there is about it very little of the character of a

debt.'[2]

[Footnote 1: II. ii. 117, art. 5.]

[Footnote 2: _Ibid._, ad. 1.]

It is important to draw attention to the fact that _liberalitas_

consists in making a good use of property, and not merely in

distributing it to others, as a confusion with the English word

'liberality' might lead us to believe. It is, as we said above,

therefore certain that a wise and prudent saving of money for

investment would be considered a course of conduct within the meaning

of the word _liberalitas_, especially if the enterprise in which the

money were invested were one which would benefit the community as

a whole. 'Modern industrial conditions demand that a man of wealth

should distribute a part of his goods indirectly--that is, by

investing them in productive and labour-employing enterprises.'[1]

[Footnote 1: Ryan, _The Alleged Socialism of the Church Fathers_, p.

20, and see Goyau, _Le Pape et la Question Sociale_, p. 79.]

The nature of the virtue of _liberalitas_ may be more clearly

understood by an explanation of the vices which stand opposed to it.

The first of these treated by Aquinas is avarice, which he defines as

'superfluus amor habendi divitias.' Avarice might be committed in

two ways--by harbouring an undue desire of acquiring wealth, or by

an undue reluctance to part with it--'primo autem superabundant

in retinendo ... secundo ad avaritiam pertinet superabundare in

accipiendo.'[1] These definitions are amplified in another part of the

same section. 'For in every action that is directed to the attainment

of some end goodness consists in the observance of a certain measure.

The means to the end must be commensurate with the end, as medicine

with health. But exterior goods have the character of things needful

to an end. Hence human goodness in the matter of these goods must

consist in the observance of a certain measure, as is done by a man

seeking to have exterior riches in so far as they are necessary to his

life according to his rank and condition. And therefore sin consists

in exceeding this measure and trying to acquire or retain riches

beyond the due limit; and this is the proper nature of avarice,

which is defined to be an immoderate love of having.'[2] 'Avarice may

involve immoderation regarding exterior things in two ways; in one way

immediately as to the receiving or keeping of them when one acquires

or keeps beyond the due amount; and in this respect it is directly a

sin against one's neighbour, because in exterior things one man cannot

have superabundance without another being in want, since temporal

goods cannot be simultaneously possessed by many. The other way in

which avarice may involve immoderation is in interior affection....'

These words must not be taken to condemn the acquisition of large

fortunes by capitalists, which is very often necessary in order that

the natural resources of a country may be properly exploited. One

man's possession of great wealth is at the present day frequently the

means of opening up new sources of wealth and revenue to the entire

community. In other words, superabundance is a relative term. This,

like many other passages of St. Thomas, must be given a _contemporanea

expositio_. 'There were no capitalists in the thirteenth century, but

only hoarders.'[3]

[Footnote 1: II. ii. 118, 4.]

[Footnote 2: _Ibid._, ad. 1.]

[Footnote 3: Rickaby, _Aquinas Ethicus_, vol. ii. p. 234.]

It must also be remembered that what would be considered avarice in

a man in one station of life would not be considered such in a man in

another. So long as one did not attempt to acquire an amount of wealth

disproportionate to the needs of one's station of life, one could not

be considered avaricious. Thus a common soldier would be avaricious if

he strove to obtain a uniform of the quality worn by an officer, and

a simple cleric if he attempted to clothe himself in a style only

befitting a bishop.[1]

[Footnote 1: Aquinas, _In Orat. Dom. Expos_., iv. Ashley gives many

quotations from early English literature to show how fully the idea of

_status_ was accepted (_Economic History_, vol. i. pt. ii. p. 389).

On the warfare waged by the Church on luxury in the Middle Ages, see

Baudrillard, _Histoire du Luxe privé et publique_, vol. iii. pp. 630

_et seq._]

The avaricious man offended against liberality by caring too much

about riches; the prodigal, on the other hand, cared too little about

them, and did not attach to them their proper value. 'In affection

while the prodigal falls short, not taking due care of them, in

exterior behaviour it belongs to the prodigal to exceed in giving, but

to fail in keeping or acquiring, while it belongs to the miser to

come short in giving, but to superabound in getting and in

keeping. Therefore it is clear that prodigality is the opposite of

covetousness.'[1] A man, however, might commit both sins at the same

time, by being unduly anxious to acquire wealth which he distributed

prodigally.[2] Prodigality could always be distinguished from extreme

liberality by a consideration of the circumstances of the particular

case; a truly liberal man might give away more than a prodigal in

case of necessity.[3] Prodigality, though a sin, was a sin of a less

grievous kind than avarice.[4]

[Footnote 1: II. ii. 119, 1.]

[Footnote 2: _Ibid._, ad. 1.]

[Footnote 3: _Ibid._, ad. 3.]

[Footnote 4: _Ibid._, art. 3. 'Per prodigalitatem intelligimus habitum

quo quis præter vel contra dictamen rectae rationis circa

pecunias excedit in datione vel consumptione vel custodia; et per

illiberalitatem intelligimus habitum quo quis contra dietamen rectae

rationis deficit circa pecunias in datione vel consumptione, vel

superabundat in acceptione vel custodia ipsarum' (Buridan, _Eth._, iv.

3).]

In addition to the duties which were imposed on the owners of property

in all circumstances there was a further duty which only arose on

special occasions, namely, _magnificentia_, or munificence. This

virtue is discussed by Aquinas[1], but we shall quote the passages of

Buridan which explain it, not because they depart in any way from the

teaching of Aquinas, but because they are clearer and more scientific.

'By munificence, we understand a habit inclining one to the

performance of great works, or to the incurring of great expenses,

when, where, and in the manner in which they are called for (_fuerit

opportunum_), for example, building a church, assembling great

armies for a threatened war, and giving splendid marriage feasts.' He

explains that 'munificence stands in the same relation to liberality

as bravery acquired by its exercise in danger of death in battle does

to bravery simply and commonly understood.' Two vices stand opposed

to munificentia: (1) _parvificentia_, 'a habit inclining one not

to undertake great works, when circumstances call for them, or to

undertaking less, or at less expense, than the needs of the situation

demand,' and (2) (_[Greek: banousia]_,) 'a habit inclining one to

undertaking great works, which are not called for by circumstances,

or undertaking them on a greater scale or at a greater expense than is

necessary[2].'

[Footnote 1: II. ii. 134.]

[Footnote 2: _Eth._, iv. 7.]

Both in the case of avarice and prodigality the offending state

of mind consisted in attaching a wrong value to wealth, and the

inculcation of the virtue of liberality must have been attended

with good results not alone to the souls of individuals, but to the

economic condition of the community. The avaricious man not only

imperilled his own soul by attaching too much importance to temporal

gain, but he also injured the community by monopolising too large a

share of its wealth; the prodigal man, in addition to incurring

the occasion of various sins of intemperance, also impoverished the

community by wasting in reckless consumption wealth which might have

been devoted to productive or charitable purposes. He who neglected

the duty of munificence, either by refusing to make a great

expenditure when it was called for (_parvificentia_) or by making one

when it was unnecessary (_[Greek: banousia]_) was also deemed to have

done wrong, because in the one case he valued his money too highly,

and in the other not highly enough. In other words, he attached a

wrong value to wealth. Nothing could be further from the truth than

the suggestion that the schoolmen despised or belittled temporal

riches. Quite on the contrary, they esteemed it a sin to conduct

oneself in a manner which showed a defective appreciation of their

value[1]. Riches may have been the occasion of sin; but so was

poverty. 'The occasions of sin are to be avoided,' says Aquinas, 'but

poverty is an occasion of evil, because theft, perjury, and flattery

are frequently brought about by it.

[Footnote 1: 'Non videtur secundum humanam rationem esse boni et

perfecti divitias abjicere totaliter, sed eis uti bene et reficiendo

superfluas pauperibus subvenire et amicis' (Buridan, _Eth._, iv. 3).]

Therefore poverty should not be voluntarily undertaken, but rather

avoided.'[1] Buridan says: 'There is no doubt that it is much more

difficult to be virtuous in a state of poverty than in one of moderate

affluence;'[2] and Antoninus of Florence expresses the opinion that

poverty is in itself an evil thing, although out of it good may

come.[3] Even the ambition to rise in the world was laudable, because

every one may rightfully desire to place himself and his dependants in

a participation of the fullest human felicity of which man is capable,

and to rid himself of the necessity of corporal labour.[4] Avarice and

prodigality alike offended against liberality, because they tended to

deprive the community of the maximum benefit which it should derive

from the wealth with which it was endowed. Dr. Cunningham may be

quoted in support of this view. 'One of the gravest defects of the

Roman Empire lay in the fact that its system left little scope for

individual aims, and tended to check the energy of capitalists and

labourers alike. But Christian teaching opened up an unending prospect

before the individual personally, and encouraged him to activity and

diligence by an eternal hope. Nor did such concentration of thought

on a life beyond the grave necessarily divert attention from secular

duties; Christianity did not disparage them, but set them in a new

light, and brought out new motives for taking them seriously....

The acceptance of this higher view of the dignity of human life

as immortal was followed by a fuller recognition of personal

responsibility. Ancient philosophy had seen that man is the master of

material things; but Christianity introduced a new sense of duty in

regard to the manner of using them.... Christian teachers were forced

to protest against any employment of wealth that disregarded the glory

of God and the good of man.'[5] It was the opinion of Knies that

the peculiarly Christian virtues were of profound economic value.

'Temperance, thrift, and industry--that is to say, the sun and rain of

economic activity---were recommended by the Church and inculcated as

Christian virtues; idleness as the mother of theft, gambling as the

occasion of fraud, were forbidden; and gain for its own sake was

classed as a kind of robbery[6].'

[Footnote 1: _Summa cont. Gent._, iii. 131.]

[Footnote 2: _Eth._, iv. 3.]

[Footnote 3: _Summa_, iv. 12, 3.]

[Footnote 4: Cajetan, _Comm._ on II. ii. 118, 1.]

[Footnote 5: _Western Civilisation_, vol. ii. pp. 8-9.]

[Footnote 6: _Politische Oekonomie vom Standpuncte der geschichtlichen

Methode_, p. 116, and see Rambaud, _Histoire_, p. 759; Champagny, _La

Bible et l'Economie politique_; Thomas Aquinas, _Summa_, II. ii.

50, 3; Sertillanges, _Socialisme et Christianisme_, p. 53. It was

nevertheless recognised and insisted on that wealth was not an end in

itself, but merely a means to an end (Aquinas, _Summa_, I. ii. 2, 1).]

The great rule, then, with regard to the user of property was

liberality. Closely allied with the duty of liberality was the duty

of almsgiving--'an act of charity through the medium of money.'[1]

Almsgiving is not itself a part of liberality except in so far as

liberality removes an obstacle to such acts, which may arise from

excessive love of riches, the result of which is that one clings

to them more than one ought[2]. Aquinas divides alms-deeds into two

kinds, spiritual and corporal, the latter alone of which concern us

here. 'Corporal need arises either during this life or afterwards. If

it occurs during this life, it is either a common need in respect

of things needed by all, or is a special need occurring through some

accident supervening. In the first case the need is either internal

or external. Internal need is twofold: one which is relieved by solid

food, viz. hunger, in respect of which we have to _feed the hungry_;

while the other is relieved by liquid food, viz. thirst, in respect

of which we have to _give drink to the thirsty_. The common need with

regard to external help is twofold: one in respect of clothing, and as

to this we have to _clothe the naked_; while the other is in

respect of a dwelling-place, and as to this we have to _harbour the

harbourless_. Again, if the need be special, it is either the result

of an internal cause like sickness, and then we have to _visit the

sick_, or it results from an external cause, and then we have to

_ransom the captive_. After this life we _give burial to the dead_.[3]

Aquinas then proceeds to explain in what circumstances the duty of

almsgiving arises. 'Almsgiving is a matter of precept. Since, however,

precepts are about acts of virtue, it follows that all almsgiving must

be a matter of precept in so far as it is necessary to virtue, namely,

in so far as it is demanded by right reason. Now right reason demands

that we should take into consideration something on the part of the

giver, and something on the part of the recipient. On the part of the

giver it must be noted that he must give of his surplus according to

Luke xi. 4, "That which remaineth give alms." This surplus is to be

taken in reference not only to the giver, but also in reference to

those of whom he has charge (in which case we have the expression

_necessary to the person_, taking the word _person_ as expressive

of dignity).... On the part of the recipient it is necessary that he

should be in need, else there would be no reason for giving him alms;

yet since it is not possible for one individual to relieve the needs

of all, we are not bound to relieve all who are in need, but only

those who could not be succoured if we did not succour them. For in

such cases the words of Ambrose apply, "Feed him that is dying of

hunger; if thou hast not fed him thou hast slain him." Accordingly

we are bound to give alms of our surplus, as also to give alms to one

whose need is extreme; otherwise almsgiving, like any other greater

good, is a matter of counsel.'[4] In replying to the objection that it

is lawful for every one to keep what is his own, St. Thomas restates

with emphasis the principle of community of user: 'The temporal goods

which are given us by God are ours as to the ownership, but as to the

use of them they belong not to us alone, but also to such others as we

are able to succour out of what we have over and above our needs.'[5]

Albertus Magnus states this in very strong words: 'For a man to give

out of his superfluities is a mere act of justice, because he is

rather then steward of them for the poor than the owner;'[6] and at an

earlier date St. Peter Damian had affirmed that 'he who gives to the

poor returns what he does not himself own, and does not dispose of his

own goods.' He insists in the same passage that almsgiving is not

an act of mercy, but of strict justice.[7] In the reply to another

objection the duty of almsgiving is stated by Aquinas with additional

vigour. 'There is a time when we sin mortally if we omit to give

alms--on the part of the recipient when we see that his need is

evident and urgent, and that he is not likely to be succoured

otherwise--on the part of the giver when he has superfluous goods,

which he does not need for the time being, so far as he can judge with

probability.'[8]

[Footnote 1: II. ii. 32, 1.]

[Footnote 2: _Ibid._, ad. 4.]

[Footnote 3: II. ii. 32, art. 2.]

[Footnote 4: II. ii. 32, art. 5.]

[Footnote 5: _Ibid._, ad. 2.]

[Footnote 6: Jarrett, _Mediæval Socialism_, p. 87.]

[Footnote 7: _De Eleemosynis_, cap. 1.]

[Footnote 8: II. ii. 32, 5, ad. 3.]

The next question which St. Thomas discusses is whether one ought to

give alms out of what one needs. He distinguishes between two kinds

of 'necessaries.' The first is that without which existence is

impossible, out of which kind of necessary things one is not bound to

give alms save in exceptional cases, when, by doing so, one would be

helping a great personage or supporting the Church or the State, since

'the common good is to be preferred to one's own.' The second kind

of necessaries are those things without which a man cannot live in

keeping with his social station. St. Thomas recommends the giving of

alms out of this part of one's estate, but points out that it is only

a matter of counsel, and not of precept, and one must not give alms

to such an extent as to impoverish oneself permanently. To this last

provision, however, there are three exceptions: one, when a man is

entering religion and giving away all his goods; two, when he can

easily replace what he gives away; and, three, when he is in presence

of great indigence on the part of an individual, or great need on the

part of the common weal. In these three cases it is praiseworthy for

a man to forgo the requisites of his station in order to provide for a

greater need.[1]

[Footnote 1: II. ii. 32, 6.]

The mediæval teaching on almsgiving is very well summarised by Fr.

Jarrett,[1] as follows: '(1) A man is obliged to help another in his

extreme need even at the risk of grave inconvenience to himself; (2) a

man is obliged to help another who, though not in extreme need, is yet

in considerable distress, but not at the risk of grave inconvenience

to himself; (3) a man is not obliged to help another when necessity is

slight, even though the risk to himself should be quite trifling.'

[Footnote 1: _Mediæval Socialism_, p. 90.]

The importance of the duty of almsgiving further appears from the

section where Aquinas lays down that the person to whom alms should

have been given may, if the owner of the goods neglects his duty,

repair the omission himself. 'All things are common property in a

case of extreme necessity. Hence one who is in dire straits may take

another's goods in order to succour himself if he can find no one who

is willing to give him something.'[1] The duty of using one's goods

for the benefit of one's neighbours was a fit matter for enforcement

by the State, provided that the burdens imposed by legislation were

equitable. 'Laws are said to be just, both from the end, when, to wit,

they are ordained to the common good--and from their author, that is

to say, when the law that is made does not exceed the power of the

law-giver--and from their form, when, to wit, burdens are laid on the

subjects according to an equality of proportion and with a view to the

common good. For, since every man is part of the community, each man

in all that he is and has belongs to the community: just as a part in

all that it is belongs to the whole; wherefore nature inflicts a loss

on the part in order to save the whole; so that on this account such

laws, which impose proportionate burdens, are just and binding in

conscience.'[2]

[Footnote 1: _Ibid._, art. 7 ad. 3.]

[Footnote 2: I. ii. 96,4.]

There can be no doubt that the practice of the scholastic teaching of

community of user, in its proper sense, made for social stability. The

following passage from Trithemius, written at the end of the fifteenth

century, is interesting as showing how consistently the doctrine of

St. Thomas was adhered to two hundred years after his death, and

also that the failure of the rich to put into practice the moderate

communism of St. Thomas was the cause of the rise of the heretical

communists, who attacked the very foundations of property itself: 'Let

the rich remember that their possessions have not been entrusted to

them in order that they may have the sole enjoyment of them, but

that they may use and manage them as property belonging to mankind at

large. Let them remember that when they give to the needy they

only give them what belongs to them. If the duty of right use and

management of property, whether worldly or spiritual, is neglected, if

the rich think that they are the sole lords and masters of that which

they possess, and do not treat the needy as their brethren, there

must of necessity arise an inner shattering of the commonwealth. False

teachers and deceivers of the people will then gain influence, as has

happened in Bohemia, by preaching to the people that earthly property

should be equally distributed among all, and that the rich must

be forcibly condemned to the division of their wealth. Then follow

lamentable conditions and civil wars; no property is spared; no right

of ownership is any longer recognised; and the wealthy may then

with justice complain of the loss of possessions which have been

unrighteously taken from them; but they should also seriously ask

themselves the question whether in the days of peace and order they

recognised in the administration of these goods the right of their

superior lord and owner, namely, the God of all the earth.'[1]

[Footnote 1: Quoted in Janssen, _op. cit._, vol. ii. p. 91.]

It must not, however, be imagined for a moment that the community

of user advocated by the scholastics had anything in common with the

communism recommended by modern Socialists. As we have seen above,

the scholastic communism did not at all apply to the procuring and

dispensing of material things, but only to the mode of using them.

It is not even correct to say that the property of an individual was

_limited_ by the duty of using it for the common good. As Rambaud

puts it: 'Les devoirs de charité, d'équité naturelle, et de simple

convenance sociale peuvent affecter, ou mieux encore, commander un

certain usage de la richesse; mais ce n'est pas le même chose que

limiter la propriété.'[1] The community of user of the scholastics was

distinguished from that of modern Socialists not less strongly by the

motives which inspired it than by the effect it produced. The former

was dictated by high spiritual aims, and the contempt of material

goods; the latter is the fruit of over-attachment to material goods,

and the envy of their possessors.[2]

[Footnote 1: _Op. cit._, p. 43. The same writer shows that there is no

authority in Christian teaching for the proposition, advanced by many

Christian Socialists, that property is a 'social function' (_ibid._,

p. 774). The right of property even carried with it the _jus

abutendi_, which, however, did not mean the right to _abuse_, but

the right to destroy by consumption (see Antoine, _Cours d'Economie

sociale_, p. 526).]

[Footnote 2: Roscher, _op. cit._, p. 5: 'Vom neuern Socialismus

freilich unterscheidet sich diese Auffassung nicht blosz durch ihre

religiöse Grundlage, sondern auch durch ihre, jedem Mammonsdienst

entgegengesetze, Verachtung der materiellen Güter.']

The large estates which the Church itself owned have frequently been

pointed to as evidence of hypocrisy in its attitude towards the common

user of property. This is not the place to inquire into the condition

of ecclesiastical estates in the Middle Ages, but it is sufficient

to say that they were usually the centres of charity, and that in the

opinion of so impartial a writer as Roscher, they rather tended to

make the rules of using goods for the common use practicable than the

contrary.[1]

[Footnote 1: Roscher, _op. cit._, p. 6.]

SECTION 3.--PROPERTY IN HUMAN BEINGS

Before we pass from the subject of property, we must deal with a

particular kind of property right, namely, that of one human being

over another. At the present day the idea of one man being owned

by another is repugnant to all enlightened public opinion, but this

general repugnance is of very recent growth, and did not exist in

mediæval Europe. In dealing with the scholastic attitude towards

slavery, we shall indicate, as we did with regard to its attitude

towards property in general, the fundamental harmony between the

teaching of the primitive and the mediæval Church on the subject. No

apology is needed for this apparent digression, as a comparison of the

teaching of the Church at the two periods of its development helps us

to understand precisely what the later doctrine was; and, moreover,

the close analogy which, as we shall see, existed between the Church's

view of property and slavery, throws much light on the true nature of

both institutions.

Although in practice Christianity had done a very great deal to

mitigate the hardships of the slavery of ancient times, and had in

a large degree abolished slavery by its encouragement of

emancipation,[1] it did not, in theory, object to the institution

itself. There is no necessity to labour a point so universally

admitted by all students of the Gospels as that Christ and His

Apostles did not set out to abolish the slavery which they found

everywhere around them, but rather aimed, by preaching charity to

the master and patience to the slave, at the same time to lighten the

burden of servitude, and to render its acceptance a merit rather

than a disgrace. 'What, in fact,' says Janet, 'is the teaching of

St. Peter, St. Paul, and the Apostles in general? It is, in the first

place, that in Christ there are no slaves, and that all men are free

and equal; and, in the second place, that the slave must obey his

master, and the master must be gentle to his slave.[2] Thus, although

there are no slaves in Christ, St. Paul and the Apostles do not deny

that there may be on earth. I am far from reproaching the Apostles for

not having proclaimed the immediate necessity of the emancipation of

slaves. But I say that the question was discussed in precisely the

same terms by the ancient philosophers of the same period. Seneca, it

is true, proclaimed not the civil, but the moral equality of men;

but St. Paul does not speak of anything more than their equality in

Christ. Seneca instructs the master to treat the slave as he would

like to be treated himself.[3] Is not this what St. Peter and St.

Paul say when they recommended the master to be gentle and good? The

superiority of Christianity over Stoicism in this question arises

altogether from the very superiority of the Christian spirit....'[4]

The article on 'Slavery' in the _Catholic Encyclopædia_ expresses the

same opinion: 'Christian teachers, following the example of St. Paul,

implicitly accept slavery as not in itself incompatible with the

Christian law. The Apostle counsels slaves to obey their masters,

and to bear with their condition patiently. This estimate of slavery

continued to prevail until it became fixed in the systematised ethical

teaching of the schools; and so it remained without any conspicuous

modification until the end of the eighteenth century.' The same

interpretation of early Christian teaching is accepted by the

Protestant scholar, Dr. Bartlett: 'The practical attitude of Seneca

and the early Christians to slavery was much the same. They bade the

individual rise to a sense of spiritual freedom in spite of outward

bondage, rather than denounce the institution as an altogether

illegitimate form of property.'[5]

[Footnote 1: See Roscher, _Political Economy_, s. 73.]

[Footnote 2: _Eph._, vi. 5, 6, 9.]

[Footnote 3: _Ep. ad Luc._, 73.]

[Footnote 4: Janet, _op. cit._, p. 317.]

[Footnote 5: 'Biblical and Early Christian Idea of Property,'

_Property, Its Duties and Rights_ (London, 1915), p. 110; Franck,

_Réformateurs et Publicistes de l'Europe: Moyen âge_--Renaissance, p.

87. On the whole question by far the best authority is volume iii. of

Wallon's _Histoire de l'Esclavage dans l'Antiquité_.]

Several texts might be collected from the writings of the Fathers

which would seem to show that according to patristic teaching the

institution of slavery was unjustifiable. We do not propose to cite

or to explain these texts one by one, in view of the quite clear and

unambiguous exposition of the subject given by St. Thomas Aquinas,

whose teaching is the more immediate subject of this essay; we shall

content ourselves by reminding the reader of the precisely similar

texts relating to the institution of property which we have examined

above, and by stating that the corresponding texts on the subject

of slavery are capable of an exactly similar interpretation. 'The

teaching of the Apostle,' says Janet, 'and of the Fathers on slavery

is the same as their teaching on property.'[1] The author from whom we

are quoting, and on whose judgment too much reliance cannot be placed,

then proceeds to cite many of the patristic texts on property, which

we quoted in the section dealing with that subject, and asks: 'What

conclusion should one draw from these different passages? It is that

in Christ there are no rich and no poor, no mine and no thine; that

in Christian perfection all things are common to all men, but that

nevertheless property is legitimate and derived from human law. Is it

not in the same sense that the Fathers condemned slavery as contrary

to divine law, while respecting it as comformable to human law? The

Fathers abound in texts contrary to slavery, but have we not seen a

great number of texts contrary to property?'[2] The closeness of the

analogy between the patristic treatment of slavery and of property

appears forcibly in the following passage of Lactantius: 'God who

created man willed that all should be equal. He has imposed on all

the same condition of living; He has produced all in wisdom; He has

promised immortality to all; no one is cut off from His heavenly

benefits. In His sight no one is a slave, no one a master; for if we

have all the same Father, by an equal right we are all His children;

no one is poor in the sight of God but he who is without justice, no

one rich but he who is full of virtue.... Some one will say, Are there

not among you some poor and others rich; some servants and others

masters? Is there not some difference between individuals? There is

none, nor is there any other cause why we mutually bestow on each

other the name of brethren except that we believe ourselves to be

equal. For since we measure all human things not by the body but by

the spirit, although the condition of bodies is different, yet we have

no servants, but we both regard them, and speak of them as brothers in

spirit, in religion as fellow-servants.'[3] Slavery was declared to

be a blessing, because, like poverty, it afforded the opportunity of

practising the virtues of humility and patience.[4] The treatment

of the institution of slavery underwent a striking and important

development in the hands of St. Augustine, who justified it as one of

the penalties incurred by man as a result of the sin of Adam and Eve.

'The first holy men,' writes the Saint, 'were rather shepherds than

kings, God showing herein what both the order of the creation desired,

and what the deserts of sin exacted. For justly was the burden of

servitude laid upon the back of transgression. And therefore in all

the Scriptures we never read the word _servus_ until Noah laid it as

a curse upon his offending son. So that it was guilt, and not nature,

that gave origin to that name.... Sin is the mother of servitude and

the first cause of man's subjection to man.'[5] St. Augustine also

justifies the enslavement of those conquered in war--'It is God's

decree to humble the conquered, either reforming their sins herein or

punishing them.'[6]

[Footnote 1: _Op. cit._, p. 318.]

[Footnote 2: _Ibid._, p. 321.]

[Footnote 3: _Div. Inst_., v. 15-16.]

[Footnote 4: Chryst., _Genes._, serm. v. i.; _Ep. ad Cor._, hom. xix.

4.]

[Footnote 5: _De Civ. Dei_, xix. 14-15.]

[Footnote 6: _Ibid._]

Janet ably analyses and expounds the advance which St. Augustine

made in the treatment of slavery: 'In this theory we must note the

following points: (1) Slavery is unjust according to the law of

nature. This is what is contrary to the teaching of Aristotle,

but conformable to that of the Stoics. (2) Slavery is just as

a consequence of sin. This is the new principle peculiar to St.

Augustine. He has found a principle of slavery, which is neither

natural inequality, nor war, nor agreement, but sin. Slavery is no

more a transitory fact which we accept provisionally, so as not to

precipitate a social revolution: it is an institution which has become

natural as a result of the corruption of our nature. (3) It must not

be said that slavery, resulting from sin, is destroyed by Christ who

destroyed sin.... Slavery, according to St. Augustine, must last as

long as society.'[1]

[Footnote 1: Janet, _op. cit._, p. 302.]

Nowhere does St. Thomas Aquinas appear as clearly as the medium of

contact and reconciliation between the Fathers of the Church and the

ancient philosophers as in his treatment of the question of slavery.

His utterances upon this subject are scattered through many portions

of his work, but, taken together, they show that he was quite prepared

to admit the legitimacy of the institution, not alone on the grounds

put forward by St. Augustine, but also on those suggested by Aristotle

and the Roman jurists.

He fully adopts the Augustinian argument in the _Summa_, where, in

answer to the query, whether in the state of innocence all men were

equal, he states that even in that state there would still have been

inequalities of sex, knowledge, justice, etc. The only inequalities

which would not have been present were those arising from sin; but

the only inequality arising from sin was slavery.[1] 'By the words

"So long as we are without sin we are equal," Gregory means to exclude

such inequality as exists between virtue and vice; the result of which

is that some are placed in subjection to others as a penalty.'[2] In

the following article St. Thomas distinguishes between political and

despotic subordination, and shows that the former might have existed

in a state of innocence. 'Mastership has a twofold meaning; first as

opposed to servitude, in which case a master means one to whom

another is subject as a slave. In another sense mastership is commonly

referred to any kind of subject; and in that sense even he who has the

office of governing and directing free men can be called a master. In

the first meaning of mastership man would not have been ruled by man

in the state of innocence; but in the latter sense man would be ruled

over by man in that state.'[3] In _De Regimine Principum_ Aquinas also

accepts what we may call the Augustinian view of slavery. 'But whether

the dominion of man over man is according to the law of nature, or is

permitted or provided by God may be certainly resolved. If we speak of

dominion by means of servile subjection, this was introduced because

of sin. But if we speak of dominion in so far as it relates to the

function of advising and directing, it may in this sense be said to be

natural.'[4]

[Footnote 1: i. 96, 3.]

[Footnote 2: _Ibid._, ad. 1.]

[Footnote 3: i. 96, 4.]

[Footnote 4: _De Reg. Prin._, iii. 9. This is one of the chapters the

authorship of which is disputed.]

St. Thomas was therefore willing to endorse the argument of St.

Augustine that slavery was a result of sin; but he also admits the

justice of Aristotle's reasoning on the subject. In the section of the

_Summa_ where the question is discussed, whether the law of nations is

the same as the natural law, one of the objections to be met is that

'Slavery among men is natural, for some are naturally slaves according

to the philosopher. Now "slavery belongs to the law of nations," as

Isidore states. Therefore the right of nations is a natural right.'[1]

In answer to this objection St. Thomas draws the distinction between

what is natural absolutely, and what is natural _secundum quid_, the

passage which we have quoted in treating of property rights.[2]

He then goes on to apply this distinction to the case of slavery.

'Considered absolutely, the fact that this particular man should be a

slave rather than another man, is based, not on natural reason, but on

some resultant utility, in that it is useful to this man to be ruled

by a wise man, and to the latter to be helped by the former, as the

philosopher states. Wherefore slavery which belongs to the law of

nations is natural in the second way, but not in the first.'[3] It

will be noted from this passage that St. Thomas partly admits, though

not entirely, the opinion of Aristotle. In the _De Regimine

Principum_ he goes much further in the direction of adopting the full

Aristotelian theory: 'Nature decrees that there should be grades in

men as in other things. We see this in the elements, a superior and

an inferior; we see in every mixture that some one element

predominates.... For we see this also in the relation of the body and

the mind, and in the powers of the mind compared with one another;

because some are ordained towards ordering and moving, such as the

understanding and the will; others to serving. So should it be among

men; and thus it is proved that some are slaves according to nature.

Some lack reason through some defect of nature; and such ought to be

subjected to servile works because they cannot use their reason, and

this is called the natural law.'[4] In the same chapter the right of

conquerors to enslave their conquered is referred to without comment,

and therefore implicitly approved by the author.

[Footnote 1: II. ii. 57, 3.]

[Footnote 2: _Supra_, p. 64.]

[Footnote 3: II. ii 57, ad. 2.]

[Footnote 4: _De Reg. Prin._, ii. 10.]

'Thus,' according to Janet, 'St. Thomas admits slavery as far as one

can admit it, and for all the reasons for which one can admit it.

He admits with Aristotle that there is a natural slavery; with St.

Augustine that slavery is the result of sin; with the jurisconsult

that slavery is the result of war and convention.'[1] 'The author

justifies slavery,' says Franck, 'in the name of St. Augustine, and in

that of Aristotle; in the name of the latter by showing that there are

two races of men, one born to command, and the other to obey; in

the name of the former in affirming that slavery had its origin in

original sin; that by sin man has forfeited his right to liberty.

Further, we must admit slavery as an institution not only of nature

and one of the consequences of the fall, we must admit a third

principle of slavery which appears to St. Thomas as legitimate as the

other two. War is necessary; therefore it is just; and if it is just

we must accept its consequences. One of these consequences is the

absolute right of the conqueror over the life, person, and goods of

the conquered.'[2]

[Footnote 1: _Op. cit._, vol. i. p. 431.]

[Footnote 2: Franck, _op cit_., p. 69.]

Aquinas returns to the question of slavery in another passage, which

is interesting as showing that he continued to make use of the analogy

between slavery and property which we have seen in the Fathers. 'A

thing is said to belong to the natural law in two ways. First,

because nature inclines thereto, _e.g._ that one should not do harm to

another. Secondly, because nature did not bring in the contrary; thus

we might say that for man to be naked is of the natural law because

nature did not give him clothes, but art invented them. In this sense

the possession of all things in common and universal freedom is

said to be of the natural law, because, to wit, the distinction of

possession and slavery were not brought in by nature, but devised by

human reason for the benefit of human life. Accordingly, the law of

nature was not changed in this respect, but by addition.'[1]

[Footnote 1: I. ii. 94, 5, ad. 3.]

Ægidius Romanus closely follows the teaching of his master on the

subject of slavery. 'What does Ægidius do? He unites Aristotle and St.

Augustine against human liberty. He declares with the latter that man

has lost the right of belonging to himself, since he has fallen from

the primitive order established by God Himself in nature. He admits

with Aristotle the existence of two races of men, the one designed

for liberty, the other for servitude.... This is not all--to this

servitude which he calls natural, the author joins another, purely

legal, but which does not seem to him less just, namely, that which is

founded on the right of war, and which obliges the conquered to become

the slaves of the conquerors--to give up their liberty in exchange for

their lives. Our author admits it is just in itself, because in his

opinion it is useful to the defence of one's country; it excites

warriors to courage by placing before their eyes the terrible

consequences of cowardice.'[1] The teachings of St. Thomas and Ægidius

were accepted by all the later scholastics.[2] Biel, whose opinion is

always very valuable as being that of the last of a long line, says

that there are three kinds of slaves--slaves of God, of sin, and of

man. The first kind of slavery is wholly good, the second wholly bad,

while the third, though not instituted by, is approved by the _jus

gentium_. He proceeds to state the four ways in which a man may

become enslaved: namely, _ex necessitate_, or by being born of a slave

mother; _ex bello_, by being captured in war; _ex delicto_, or

by sentence of the law in the case of certain crimes committed by

freedmen; and _ex propria voluntate_, or by the sale of a man of

himself into slavery.[3]

[Footnote 1: Franck, _op. cit._, p. 90.]

[Footnote 2: Franck, _op. cit._, p. 91.]

[Footnote 3: Biel, _Inventarium seu Repertorium generale super qualuor

libros Sententiarum_, iv. xv. I; and see Carletus, _Summa Angelica_,

q. ccxii.]

It must not be forgotten that we are dealing purely with theory.

In fact the Church did an inestimable amount of good to the servile

classes, and, at the time that Aquinas wrote, thanks to the operation

of Christianity in this respect, the old Roman slavery had completely

disappeared. The nearest approach to ancient slavery in the Middle

Ages was serfdom, which was simply a step in the transition from

slavery to free labour.[1] Moreover, the rights of the master over

the slave were strictly confined to the disposal of his services; the

ancient absolute right over his body had completely disappeared. 'In

those things,' says St. Thomas, 'which appertain to the disposition

of human acts and things, the subject is bound to obey his superior

according to the reason of the superiority; thus a soldier must obey

his officer in those things which appertain to war; a slave his master

in those things which appertain to the carrying out of his servile

works.'[2] 'Slavery does not abolish the natural equality of man,'

says a writer who is quoted by the _Catholic Encyclopædia_ as

correctly stating the Catholic doctrine on the subject prior to the

eighteenth century, 'hence by slavery one man is understood to become

subject to the dominion of another to the extent that the master has

a perfect right to the services which one man may justly perform

for another.'[3] Biel, who lays down the justice of slavery so

unambiguously, is no less clear in his statement of the limitations

of the right. 'The body of the slave is not simply in the power of the

master as the body of an ox is; nor can the master kill or mutilate

the slave, nor abuse him contrary to the law of God. The temporal

gains derived from the labour of the slave belong to the master;

but the master is bound to provide the slave with the necessaries of

life.'[4] Rambaud very properly points out that the reason that the

scholastic writers did not fulminate in as strong and as frequent

language against the tyranny of masters, was not that they felt less

strongly on the subject, but that the abuses of the ancient slave

system had almost entirely disappeared under the influence of

Christian teaching.[5]

[Footnote 1: Wallon, _op. cit._, vol. iii. p. 93; Brants, _op. cit._,

p. 87.]

[Footnote 2: II. ii. 104, 5.]

[Footnote 3: Gerdil., _Comp. Inst. Civ. I._, vii.]

[Footnote 4: Biel, _op. cit._, iv. xv. 5.]

[Footnote 5: _Op. cit._, p. 83.]

On the other hand, it must not be imagined, as has sometimes been

suggested, that the slavery defended by Aquinas was not real slavery,

but rather the ordinary modern relation between employer and employed.

Such an interpretation is definitely disproved by a passage of the

article on justice where Aquinas says that 'inducing a slave to leave

his master is properly an injury against the person ... and, since the

slave is his master's chattel, it is referred to theft.'[1]

[Footnote 1: II. ii. 61,3. Brants, _op. cit._, pp. 87 _et seq_., is

inclined to take a more liberal view of the scholastic doctrine on

slavery, but we cannot agree with him in view of the contemporary

texts.]

CHAPTER III

DUTIES REGARDING THE EXCHANGE OF PROPERTY

SECTION 1.--THE SALE OF GOODS

§ 1. _The Just Price_.

We dealt in the last chapter with the duties which attached to

property in respect of its acquisition and use, and we now pass to

the duties which attached to it in respect of its exchange. As we

indicated above, the right to exchange one's goods for the goods or

the money of another person was, according to the scholastics, one of

the necessary corollaries of the right of private property. In order

that such exchange might be justifiable, it must be conducted on a.

basis of commutative justice, which, as we have seen, consisted in the

observance of equality according to the arithmetical mean. We further

drew attention to the fact that exchanges might be divided into

sales of goods and sales of the use of money. In the former case the

regulating principle of the equality of justice was given effect to

by the observance of the _just price_; in the latter by that of the

_prohibition of usury_. We shall deal with the former in the present

and with the latter in the following section.

The mediæval teaching on the just price, about which there has been so

much discussion and disagreement among modern writers, was simply the

application to the particular contract of sale of the principles which

regulated contracts in general. Exchange originally took the form

of barter; but, as it was found impossible accurately to measure

the values of the objects exchanged without the intervention of

some common measure of value, money was invented to serve as such a

measure. We need not further refer to barter in this section, as the

principles which applied to it were those that applied to sale. Indeed

all sales when analysed are really barter through the medium of

money. That Aquinas simply regarded his article on just price[1] as an

explanation of the application of his general teaching on justice to

the particular case of the contract of sale is quite clear from the

article itself. 'Apart from fraud, we may speak of buying and selling

in two ways. First, as considered in themselves; and from this point

of view buying and selling seem to be established for the common

advantage of both parties, one of whom requires that which belongs

to the other, and _vice versa_. Now whatever is established for the

common advantage should not be more of a burden to one part than to

the other, and consequently all contracts between them should observe

equality of thing and thing. Again, the quality of a thing that

comes into human use is measured by the price given for it, for which

purpose money was invented. Therefore, if either the price exceed the

quantity of the thing's worth, or conversely the worth of the thing

exceed the price, there is no longer the equality of justice; and

consequently to sell a thing for more than its worth, or to buy it for

less than its worth, is in itself unjust and unlawful.'[2] When two

contracting parties make an exchange through the medium of money,

the price is the expression of the exchange value in money. 'The

just price expresses the equivalence, which is the foundation of

contractual justice.'[3]

[Footnote 1: II. ii. 77, 1.]

[Footnote 2: This opinion was accepted by all the later writers,

_e.g._ Gerson, _De Cont._, ii. 5; Biel, _op. cit._, IV. xv. 10: 'Si

pretium excedit quantitatem valoris rei, vel e converso tolleretur

equalitas, erit contractus iniquus.']

[Footnote 3: Desbuquois, 'La Justice dans l'Echange,' _Semaine

Sociale de France_, 1911, p. 167. Gerson says: 'Contractus species est

justitiae commutativae quae respicit aequalitatem rei quae venditur

ad rem quae emitur, ut servetur aequalitas justi pretii; propter quam

aequalitatem facilius observandum inventa est moneta, vel numisma, vel

pecunia,' _De Cont._, ii. 5.]

The conception of the just price, though based on Aristotelian

conceptions of justice, is essentially Christian. The Roman law had

allowed the utmost freedom of contract in sales; apart from fraud,

the two contracting parties were at complete liberty to fix a price

at their own risk; and selfishness was assumed and allowed to be the

animating motive of every contracting party. The one limitation to

this sweeping rule was in favour of the seller. By a rescript of

Diocletian and Maximian it was enacted that, if a thing were sold

for less than half its value, the seller could recover the property,

unless the buyer chose to make up the price to the full amount.

Although this rescript was perfectly general in its terms, some

authors contended that it applied only to sales of land, because the

example given was the sale of a farm.[1] However, the rescript was

quoted by the Fathers as showing that even the Roman law considered

that contracts might be questioned on equitable grounds in certain

cases.[2] The distinctively Christian notion of just price seems to

have its origin in a passage of St. Augustine;[3] but the notion was

not placed on a philosophical foundation until the thirteenth century.

Even Aquinas, however, although he treats of the just price at some

length, and expresses clear and categorical opinions upon many points

connected with it, does not state the principles on which the just

price itself should be arrived at. This omission is due, not to the

fact that Aquinas was unfamiliar with these principles, but to the

fact that he took them for granted as they were not disputed or

doubted.[4] We have consequently to look for enlightenment upon this

point in writings other than those of Aquinas. The subject can be most

satisfactorily understood if we divide its treatment into two parts:

first, a consideration of what constituted the just price in the sale

of an article, the price of which was fixed by law; and second, a

consideration of what constituted the just price of an article, the

price of which was not so fixed.

[Footnote 1: Hunter, _Roman Law_, p. 492.]

[Footnote 2: Ashley, _op. cit._, p. 133.]

[Footnote 3: 'Scio ipse hominem quum venalis codex ei fuisset oblatus,

pretiique ejus ignarum ideo quiddam exiguum poscentem cerneret

venditorem, justum pretium, quod multo amplius erat nec opinanti

dedisse' (_De Trin._, xiii. 3).]

[Footnote 4: Palgrave, _Dictionary of Political Economy_, tit. 'Justum

Pretium.']

§ 2. _The Just Price when Price fixed by Law_.

Regarding the power of the State to fix prices, the theologians and

jurists were in complete agreement. According to Gerson: 'The law

may justly fix the price of things which are sold, both movable and

immovable, in the nature of rents and not in the nature of rents, and

feudal and non-feudal, below which price the seller must not give, or

above which the buyer must not demand, however they may desire to do

so. As therefore the price is a kind of measure of the equality to be

observed in contracts, and as it is sometimes difficult to find that

measure with exactitude, on account of the varied and corrupt desires

of man, it becomes expedient that the medium should be fixed according

to the judgment of some wise man.... In the civil state, however,

nobody is to be decreed wiser than the lawgiving authority. Therefore

it behoves the latter, whenever it is possible to do so, to fix the

just price, which may not be exceeded by private consent, and which

must be enforced.'...[1] Biel practically paraphrases this passage of

Gerson, and contends that it is the duty of the prince to fix prices,

mainly on account of the difficulty which private contractors find in

doing so.[2]

[Footnote 1: _De Cont._, i. 19.]

[Footnote 2: _Op. cit._, IV. xv. 11.]

The rules which we find laid down for the guidance of the prince in

fixing prices are very interesting, as they show that the mediæval

writers had a clear idea of the constituent elements of value.

Langenstein, whose famous work on contracts was considered of high

authority by later writers, says that the prince should take account

of the condition of the place for which the price was to be fixed, the

circumstances of the time, the condition of the mass of the people.

The different kinds of need which may be felt for goods must also

be considered, _indigentice naturæ_, _status_, _voluptatis_, and

_cupiditatis_; and a distinction drawn between extensive and intensive

need--the former is greater 'quanto plures re aliqua indigent,' the

latter 'quanto minus de illa re habetur.' The general rule is that the

prince must seek to find a medium between a price so low as to render

labourers, artisans, and merchants unable to maintain themselves

suitably, and one so high as to disable the poor from obtaining the

necessaries of life. When in doubt, Langenstein concludes, the price

should err on the low rather than the high side.[1] Biel gives similar

rules: The legislator must regard the needs of man, the abundance or

scarcity of things, the difficulty, labour, and risks of production.

When all these things are carefully considered the legislator is in a

position to fix a just price.[2] According to Endemann, the labour of

production, the cost and risk of transport, and the condition of

the markets had all to be kept in mind when a fair price was being

fixed.[3] We may mention in passing that the power of fixing the just

price might be delegated; prices were frequently fixed by the town

authorities, the guilds, and the Church.[4]

[Footnote 1: Roscher, _Geschichte_, p. 19.]

[Footnote 2: _Op. cit._, IV. xv. 10.]

[Footnote 3: _Studien_, vol. ii. p. 43.]

[Footnote 4: Endemann, _Studien_, vol. i. p. 40; Roscher, _Political

Economy_, s. 114.]

The passage from Gerson which we quoted above shows that, when a just

price had been fixed by the competent authority, the parties to

a contract were bound to keep to it. In other words, the _pretium

legitimum_ was _ipso facto_ the _justum pretium_. On this point there

is complete agreement among the writers of the period. Caepolla says,

'When the price is fixed by law or statute, that is the just price,

and nobody can receive anything, however small, in excess of it,

because the law must be observed';[1] and Biel, 'When a price has been

fixed, the contracting parties have sufficient certainty about the

equality of value and the justice of the price.'[2] Cossa draws

attention to the necessity of the fixed price corresponding with

the real price in order that it should maintain its validity. 'The

schoolmen talk of the legitimate and irreducible price of a thing

which was fixed by authority, and was for obvious reasons of special

importance in the case of the necessaries of life.... The legitimate

price of a thing as fixed by authority had to be based upon the

natural price, and therefore lost its validity and became a dead

letter the moment any change of circumstances made it unfair.'[3]

[Footnote 1: _De Contractibus Simulatis_, 69.]

[Footnote 2: _Op. cit._, IV. xv. 10.]

[Footnote 3: _Op. cit._, p. 143.]

§ 3. _The Just Price when Price not fixed by Law_.

When the just price was not fixed by any outside authority, the buyer

and seller had to arrive at it themselves. The problem before them was

to equalise their respective burdens, so that there would be equality

of burden between them, or, in other words, to reduce the value of the

article sold to terms of money. In order that we may understand how

this equality was arrived at, it is important to know the factors

which were held to enter into the determination of value.

The first thing upon which the mediæval teachers insist is that value

is not determined by the intrinsic excellence of the thing itself,

because, if it were, a fly would be more valuable than a pearl, as

being intrinsically more excellent.[1] Nor is the value to be measured

by the mere utility of the object for satisfying the material needs

of man, for in that case, corn should be worth more than precious

stones.[2] The value of an object is to be measured by its capacity

for satisfying men's wants. 'Valor rerum aestimatur secundum humanam

indigentiam.... Dicendum est quod indigentia humana est mensura

naturalis commutabilium; quod probatur sic: bonitas sive valor rei

attenditur ex fine propter quem exhibetur: unde commentator secundo

Metaphysicae _nihil est bonum nisi propter causas finales_; sed finis

naturalis ad quem justitia commutativa ordinet exteriora commutabilia

est supplementum indigentiae humanae...; igitur supplementum

indigentiae humanae est vera mensura commutabilium. Sed supplementum

videtur mensurari per indigentiam; majoris enim valoris est

supplementum quod majorem supplet indigentiam.... Item hoc probatur

signo, quia videmus quod illo tempore quo vina deficiunt quia magis

indigeremus eis ipsa fiunt cariora....[3]

[Footnote 1: 'In justitia commutativa non estimatur pretium

commutabilium secundum naturalem valorem ipsorum, sic enim musca plus

valeret quam totus aurum mundi' (Buridan, _op. cit._, v. 14).]

[Footnote 2: Slater, 'Value in Theology and Political Economy,' _Irish

Ecclesiastical Record_, Sept. 1901.]

[Footnote 3: Buridan, _op. cit._, v. 14 and 16. Antoninus of Florence

says that value is determined by three factors, _virtuositas_,

_raritas_, and _placibilitas_ (_Summa_, ii. 1, 16.)]

The capacity of an object for satisfying man's needs could not be

measured by its capacity for satisfying the needs of this or that

individual, but by its capacity for satisfying the needs of the

average member of the community.[1] The Abbé Desbuquois, in the

article from which we have already quoted, finds in this elevation of

the common estimation an illustration of the general principle of the

mediævals, which we have seen at work in their teaching on the use of

property, that the individual benefit must always be subordinated to

the general welfare. According to him, it is but one application of

the duty of using one's goods for the common good. 'In the same way,

in allowing the right of exchange--a right, let us remark in passing,

which is but an application of the right of property--and in allowing

it as a means of life necessary to everybody, nature does not lose

sight of the universal destination of economic goods. One conceives

then that the variations of exchange are not permitted to be left

to the arbitrary judgment of a single man, nor to be affected by the

whims and abuses of individuals; that value is defined in view of the

general good. The exchange value, as it is in the general or social

order, proceeds from the judgment of the social environment (_milieu

social_).'[2]

[Footnote 1: 'Indigentia istius hominis vel illius non mensurat

valorem commutabilium; sed indigentia communis eorum qui inter se

commutare possunt,' Buridan, _op. cit._, v. 16. 'Prout communiter

venditur in foro,' Henri de Gand, _Quod Lib._, xiv. 14; Nider, _De

Cont. Merc._, ii. 1.]

[Footnote 2: 'La Justice dans l'Echange,' _Semaine Sociale de France_,

1911, p. 168.]

The writers of the Middle Ages show a very keen perception of the

elements which invest an object with the value which is accorded to

it by the general estimation. In Aquinas we find certain elements

recognised--'diversitas loci vel temporis, labor, raritas'--but it is

not until the authors of the fourteenth and fifteenth centuries that

we find a systematic treatment of value.[1] First and foremost there

is the cost of production of the article, especially the wages of all

those who helped to produce it. Langenstein lays down that every one

can determine for himself the just price of the wares he has to sell

by reckoning what he needs to support himself in the status which he

occupies.[2] According to the _Catholic Encyclopædia_,[3] the

just price of an article included enough to pay fair wages to the

worker--that is, enough to enable him to maintain the standard of

living of his class. This, though not stated in so many words

by Aquinas, was probably assumed by him as too obvious to need

repetition.[4] 'The cost of production of manufactured products,' says

Brants, 'is a legitimate constituent element of value; it is according

to the cost that the producer can properly fix the value of his

product and of his work.'[5]

[Footnote 1: Brants, _op. cit._, p. 69.]

[Footnote 2: _De Cont._, quoted by Roscher, _Geschichte_, p. 20.]

[Footnote 3: Tit. 'Political Economy.']

[Footnote 4: Palgrave, _Dictionary_, tit. 'Justum Pretium.']

[Footnote 5: Brants, _op. cit._, p. 202.]

The cost of the labour of production was, however, by no means the

only factor which was admitted to enter into the determination of

value. The passage from Gerson dealing with the circumstances to which

the prince must have regard in fixing a price, which we quoted above,

shows quite clearly that many other factors were recognised as no

less important. This appears with special clearness in the treatise

of Langenstein, whose authority on this subject was always ranked very

high. Bernardine of Siena is careful to point out that the expense of

production is only one of the factors which influence the value of an

object.[1] Biel explains that, when no price has been fixed by law,

the just price may be arrived at by a reference to the cost of the

labour of production, and to the state of the market, and the other

circumstances which we have seen above the prince was bound to have

regard to in fixing a price. He also allows the price to be raised on

account of any anxiety which the production of the goods occasioned

him, or any danger he incurred.[2]

[Footnote 1: 'Res potest plus vel minus valere tribus modis; primo

secundum suam virtutem; secondo modo secundum suam caritatem; tertio

modo secundum suam placibilitatem et affectionem.... Primo observat

quemdam naturalem ordinem utilium rerum, secundo observat quemdam

communem cursum copiae et inopiae, tertio observat periculum et

industriam rerum seu obsequiorum' (Funk, _Zins und Wucher_, p. 153).]

[Footnote 1: 'Sollicitudo et periculum,' _Op. cit._, IV. xv. 10.]

It will be apparent from the whole trend of the above that, whereas

the remuneration of the labour of all those who were engaged in the

production of an article, was one of the elements to be taken into

account in reckoning its value, and consequently its just price,

it was by no means the only element. Certain so-called Christian

socialists have endeavoured to find in the writings of the scholastics

support for the Marxian position that all value arises from labour.[1]

This endeavour is, however, destined to failure; we shall see in a

later chapter that many forms of unearned income were tolerated and

approved by the scholastics; but all that is necessary here is to draw

the attention of the reader to the passages on value to which we have

referred. One of the most prominent exponents of the untenable view

that the mediævals traced all value to labour is the Abbé Hohoff,

whose argument that there was a divorce between value and just price

in the scholastic writings, is ably controverted by Rambaud, who

remarks that nobody would have been more surprised than Aquinas

himself at the suggestion that he was the forerunner of Karl Marx.[2]

[Footnote 1: Even Ashley states that 'the doctrine had thus a close

resemblance to that of modern Socialists; labour it regarded both as

the sole (human) cause of wealth, and also as the only just claim to

the possession of wealth' (_Op. cit._, vol. i. part ii. p. 393).]

[Footnote 2: _Op. cit._, p. 50.]

The idea that the scholastics traced all value to the labour expended

on production is rejected by many of the most prominent writers on

mediæval economic theory. Roscher draws particular attention to the

fact that the canonist teaching assigned the correct proportions in

production to land, capital, and labour, in contrast to all the later

schools of economists, who have exaggerated the importance of one or

the other of these factors.[1] Even Knies, who was the first modern

writer to insist on the importance of the cost of production as an

element of value, states that the Church sought to fix the price of

goods in accordance with the cost of production (_Herstellungskosten_)

_and_ the consumption value (_Gebrauchswerte_).[2] Brants takes the

same view. 'The expenses of production are in practice the norm of the

fixing of the sale price in the great majority of cases, above all

in a very narrow market, where competition is limited; moreover, they

can, for reasons of public order, form the basis of a fixing that

will protect the producer and the consumer against the disastrous

consequences of constant oscillations. The vendor can in principle

be remunerated for his trouble. It is well that he should be so

remunerated; it is socially useful, and is used as a basis for fixing

price; but it cannot in any way be said that this forms the _objective

measure of value_, but that the work and expense are a sufficient

title of remuneration for the fixing of the just price of the sale

of a thing. Some writers have tried to conclude from this that the

authors of the Middle Ages saw in labour the measure of value. This

conclusion is exaggerated. We may fully admit that this element

enters into the sale price; but it is in no way the general measure

of value.... The expenses of production constitute, then, _one_ of

the legitimate elements of just price; they are not the _measure_ of

value, but a factor often influencing its determination.'[3] 'Labour,'

according to Dr. Cronin, 'is one of the most important of all the

determinants of value, for labour is the chief element in cost of

production, and cost of production is one of the chief elements in

determining the level at which it is useful to buy or sell. But labour

is not the only determinant of value; there is, _e.g._, the price of

the raw materials, a price that is not wholly determined by the labour

of producing those materials.'[4]

[Footnote 1: _Political Economy_, s. 48.]

[Footnote 2: _Politische Oekonomie vom Standpuncte der geschichtlichen

Methode_, p. 116.]

[Footnote 3: _Op. cit._, p. 112.]

[Footnote 4: _Ethics_, vol. ii. p. 181.]

The just price, then, in the absence of a legal fixing, was held to

be the price that was in accordance with the _communis estimatio_.

Of course, this did not mean that a plebiscite had to be taken before

every sale, but that any price that was in accordance with the general

course of dealing at the time and place of the sale was considered

substantially fair. 'A thing is worth what it can generally be sold

for--at the time of the contract; this means what it can be sold for

generally either on that day or the preceding or following day. One

must look to the price at which similar things are generally sold

in the open market.'[1] 'We must state precisely,' says the Abbé

Desbuquois, 'the character of this common estimation; it did not mean

the universal suffrage; although it expresses the universal interest,

it proceeds in practice from the evaluation of competent men, taken

in the social environment where the exchange value operates. If one

supposes a sovereign tribunal of arbitration where all the rights

of all the weak and all the strong economic factors are taken into

account, the just price appears as the sentence or decision of this

court.'[2] 'For the scholastics, the common estimation meant an

ethical judgment of at least the most influential members of

the community, anticipating the markets and fixing the rate of

exchange.'[3]

[Footnote 1: Caepolla, _De Cont. Sim._, 72.]

[Footnote 2: _Op. cit._, pp. 169-70.]

[Footnote 3: Fr. Kelleher in the _Irish Theological Quarterly_, vol.

xi. p. 133.]

It is quite incorrect to say, as has been sometimes said, that the

mediæval just price was in no way different from the competition

price of to-day which is arrived at by the higgling of the market.

Dr. Cunningham is very explicit and clear on this point. 'Common

estimation is thus the exponent of the natural or normal or just price

according to either the mediæval or modern view; but, whereas we rely

on the higgling of the market as the means of bringing out what is the

common estimate of any object, mediæval economists believed that it

was possible to bring common estimation into operation beforehand,

and by the consultation of experts to calculate out what was the just

price. If common estimation was thus organised, either by the town

authorities or guilds or parliament, it was possible to determine

beforehand what the price should be and to lay down a rule to this

effect; in modern times we can only look back on the competition

prices and say by reflection what the common estimation has been.'[1]

'The common estimation of which the Canonists spoke,' says Dr. Ryan,

'was conscious social judgment that fixed price beforehand, and was

expressed chiefly in custom, while the social estimate of to-day is

in reality an unconscious resultant of the higgling of the market, and

finds its expression only in market price.'[2] The phrase 'res tanti

valet quanti vendi potest,' which is so often used to prove that

the mediæval doctors permitted full competitive prices in the modern

sense, must be understood to mean that a thing could be sold at any

figure which was within the limits of the minimum and maximum just

price.[3]

[Footnote 1: _Growth of English Industry and Commerce_, vol. i. p.

353.]

[Footnote 2: _Living Wage_, p. 28.]

[Footnote 3: Lessius, _De Justitia et Jure_, xxi. 19.]

The last sentence suggests that the just price was not a fixed and

unalterable standard, but was somewhat wide and elastic. On this all

writers are agreed. 'The just price of things,' says Aquinas, 'is not

fixed with mathematical precision, but depends on a kind of estimate,

so that a slight addition or subtraction would not seem to destroy

the equality of justice,'[1] Caepolla repeats this dictum, with the

reservation that, when the just price is fixed by law, it must be

rigorously observed.[2] 'Note,' says Gerson, 'that the equality of

commutative justice is not exact or unchangeable, but has a good deal

of latitude, within the bounds of which a greater or less price may

be given without justice being infringed;'[3] and Biel insists on the

same latitude, from which he draws the conclusion that the just price

is constantly varying from day to day and from place to place.[4]

Generally it was said that there was a maximum, medium, and minimum

just price; and that any price between the maximum and minimum was

valid, although the medium was to be aimed at as far as possible.

[Footnote 1: II. ii. 77, 1, ad. 1.]

[Footnote 2: _De Cont. Sim._, 58.]

[Footnote 3: _De Cont._, ii. 11.]

[Footnote 4: _Op. cit._, IV. xv. 10.]

The price fixed by common estimation was therefore the one to be

observed in most cases, and it was at all times a safe guide to

follow. If, however, the parties either knew or had good reason to

believe that the common estimation had fixed the price wrongly,

they were not bound to follow it, but should arrive at a just

price themselves, having regard to the various considerations given

above.[1]

[Footnote 1: Nider, _De Cont. Merc._ ii.: 'Si vero scit vel credit

communitatem errare in estimatione pretii rei; tunc nullo modo debet

eam sequi; quia etiam si reciperet verum et justum pretium, tamen

faceret contra conscientiam.']

It did not make any difference whether the price was paid immediately

or at some future date. To increase the price in return for the giving

of credit was not allowed, as it was deemed usurious--as indeed it

was. It was held that the seller, in not taking his money immediately,

was simply making a loan of that amount to the buyer, and that to

receive anything more than the sum lent would be usury. Aquinas is

quite clear on this point. 'If a man wish to sell his goods at a

higher price than that which is just, so that he may wait for the

buyer to pay, it is manifestly a case of usury; because this waiting

for the payment of the price has the character of a loan, so that

whatever he demands beyond the just price in consideration of this

delay, is like a price for a loan, which pertains to usury. In like

manner, if a buyer wishes to buy goods at a lower price than what is

just, for the reason that he pays for the goods before they can

be delivered, it is likewise a sin of usury; because again this

anticipated payment of money has the character of a loan, the price of

which is the rebate on the just price of the goods sold. On the other

hand, if a man wishes to allow a rebate on the just price in order

that he may have his money sooner, he is not guilty of the sin of

usury.'[1] If, however, the seller, by giving credit, suffered any

damage, he was entitled to be recompensed; this, as we shall see, was

an ordinary feature of usury law. It could not be said that the price

was raised. The price remained the same; but the seller was entitled

to something further than the price by way of damages.[2] It was

by the application of this principle that a seller was justified in

demanding more than the current price for an article which possessed

some individual or sentimental value for him. 'In such a case the just

price will depend not only on the thing sold, but on the loss which

the sale brings on the seller.... No man should sell what is not his,

though he may charge for the loss he suffers.'[3] On the other

hand, it was strictly forbidden to raise the price on account of the

individual need of the buyer.[4]

[Footnote 1: II. ii. 78, 2, ad. 7. See _Decret. Greg._, v. 19, _de

usuris_, cc. 6 and 10.]

[Footnote 2: Endemann, _Studien_, vol. ii. pp. 49; Desbuquois, _op.

cit._, p. 174.]

[Footnote 3: II. ii. 77, 1.]

[Footnote 4: _Ibid._]

§ 4. _The Just Price of Labour_.

Particular rules were laid down for determining the just price of

certain classes of goods. These need not be treated in detail, as they

were merely applications of the general principle to particular cases,

and whatever interest they possess is in the domain of practice rather

than of theory. In the sale of immovable property the rule was that

the value should be arrived at by a consideration of the annual fruits

of the property.[1] The only one of the particular contracts which

need detain us here is that of a contract of service for wages

(_locatio operarum_). Wages were considered as ruled by the laws

relating to just price. 'That is called a wage (_merces_) which is

paid to any one as a recompense for his work and labour. Therefore,

as it is an act of justice to give a just price for a thing taken from

another person, so also to pay the wages of work and labour is an act

of justice.'[2] Again, 'Remuneration of service or work ... can be

priced at a money value, as may be seen in the case of those who offer

for hire the labour which they exercise by work or by tongue.'[3] Biel

insists that the value of labour is subject to the same influences as

the value of any other commodity which is offered for sale, and that

therefore a just price must be observed in buying it.[4]

[Footnote 1: Caepolla, _de Cont. Sim._, 78; Carletus, _Summa

Angelica_, lxv.]

[Footnote 2: Aquinas, _Summa_, II. ii. 114, 1.]

[Footnote 3: II. ii. 78, 2, ad. 3.]

[Footnote 4: _Op. cit._, IV. xv. 10. Modern Socialists caricature the

correct principle 'that labour is a commodity' into 'the labourer is

a commodity'--a great difference, which is not sufficiently understood

by many present-day writers. (See Roscher, _Political Economy_, s.

160.)]

This, according to Brants,[1] is essentially a matter upon which more

enlightenment will be found in histories of the working classes[2]

than in books dealing with the enunciation of abstract theories;

nevertheless, it is possible to state generally that it was regarded

as the duty of employers to give such a wage as would support the

worker in accordance with the requirements of his class. In the

great majority of cases the rate of wages was fixed by some

public--municipal or corporative--authority, but Langenstein

enunciates a rule which seems to approach the statement of a general

theory. According to him, when a man has something to sell, and has

no indication of the just price from its being fixed by any outside

authority, he must endeavour to get such a price as will _reasonably_

recompense him for any outlay he may have incurred, and will enable

him to provide for his needs, spiritual and temporal.[3] It was not

until the sixteenth century that the fixing of the just price of

wages was submitted to scientific discussion;[4] in the fourteenth

and fifteenth centuries there is little to be found bearing on this

subject except the passage of Langenstein which we have quoted, and

some strong exhortations by Antoninus of Florence to masters to pay

good wages.[5] The reason for this paucity of authority upon a subject

of so much importance is that in practice the machinery provided

by the guilds had the effect of preserving a substantially just

remuneration to the artisan. When a man is in perfect health he

does not bother to read medical books. In the same way, the proper

remuneration of labour was so universally recognised as a duty, and so

satisfactorily enforced, that it seems to have been taken for granted,

and therefore passed over, by the writers of the period. One may agree

with Brants in concluding that, 'the principle of just price in sales

was applied to wages; fluctuations in wages were not allowed; the just

price, as in sales, rested on the approximate equality of the services

rendered; and that this equality was estimated by common opinion.'[6]

Of course, in the case of slave labour it could not be said that any

wage was paid. The master was entitled to the services of the slave,

and in return was bound to furnish him with the necessaries of

life.[7]

[Footnote 1: _Op. cit._, p. 103.]

[Footnote 2: An excellent bibliography of books dealing with the

history of the working classes in the Middle Ages is to be found in

Brants, _op. cit._, p. 105. The need for examining concrete economic

phenomena is insisted on in Ryan's _Living Wage_, p. 28.]

[Footnote 3: _De Cont._ We have here a recognition of the principle

that the value of labour is not to be measured by anything extrinsic

to itself, _e.g._ by the value of the product, but by its own natural

function and end, and this function and end is the supplying of the

requirements of human life. The wage must, therefore, be capable of

supplying the same needs that the expenditure of a labourer's energy

is meant to supply. (See Cronin, _Ethics_, vol. ii. p. 390.)]

[Footnote 4: Brants, _op. cit._, p. 118.]

[Footnote 5: The passages from the _Summa_ of Antoninus bearing on the

subject are reprinted in Brants, _op. cit._, p. 120.]

[Footnote 6: _Op. cit._, p. 125.]

[Footnote 7: Brants, _op. cit._, p. 116, quoting _Le Lime du Trésor_

of Brunetto Latini.]

§ 5. _Value of the Conception of the Just Price_.

It is probably correct to say that the canonical teaching on just

price was negative rather than positive; in other words, that it did

not so much aim at positively fixing the price at which goods should

be sold, as negatively at indicating the practices in buying and

selling which were unjust. 'The doctrine of just price,' according to

Dr. Ryan, 'may sometimes have been associated with incorrect views

of industrial life, but all competent authorities agree that it was a

fairly sound attempt to define the equities of mediæval exchanges,

and that it was tolerably successful in practice.'[1] The condition

of mediæval markets was frequently such that the competition was not

really fair competition, and consequently the price arrived at

by competition would be unfair either to buyer or seller. 'This,'

according to Dr. Cunningham, 'was the very thing which mediæval

regulation had been intended to prevent, as any attempt to make gain

out of the necessities of others, or to reap profit from unlooked-for

occurrences would have been condemned as extortion. It is by taking

advantage of such fluctuations that money is most frequently made in

modern times; but the whole scheme of commercial life in the

Middle Ages was supposed to allow of a regular profit on each

transaction.'[2] There might be some doubt as to the positive justice

of this or that price; but there could be no doubt as to the injustice

of a price which was enhanced by the necessities of the poor, or the

engrossing of a vital commodity.[3] Merely to buy up the whole supply

of a certain commodity, even if it were bought up by a 'ring' of

merchants, provided that the commodity was resold within the limits

of the just price, was not a sin against justice, though it might be

a sin against charity.[4] If the authorities granted a monopoly, they

must at the same time fix a just price.[5] A monopoly which was not

privileged by the State, and which had for its aim the raising of

the price of goods above the just price was regarded with universal

reprobation.[6] 'Whoever buys up corn, meat, and wine,' says

Trithemius, 'in order to drive up their price and to amass money at

the cost of others is, according to the laws of the Church, no better

than a common criminal. In a well-governed community all arbitrary

raising of prices in the case of articles of food and clothing is

peremptorily stopped; in times of scarcity merchants who have supplies

of such commodities can be compelled to sell them at fair prices; for

in every community care should be taken that all the members should be

provided for, and not only a small number be allowed to grow rich,

and revel in luxury to the hurt and prejudice of the many.[7] Thus the

doctrine of the just price was a deadly weapon with which to fight the

'profiteer.' The engrosser was looked upon as the natural enemy of the

poor; and the power of the trading class was justly reckoned so great,

that in cases of doubt prices were always fixed low rather than high.

In other words, the buyer--that is to say, the community--was the

subject of protection rather than the seller.[8]

[Footnote 1: _The Living Wage_, p. 27.]

[Footnote 2: _Growth of English Industry and Commerce_, vol. i. p.

460.]

[Footnote 3: Endemann, _Studien_, vol. ii. p. 60.]

[Footnote 4: Lessius, _De Justitia et Jure_, II. xx. 1, 21.]

[Footnote 5: _Ibid._]

[Footnote 6: Langenstein, _De Cont._; Biel, _op. cit._, iv. xv. 11.]

[Footnote 7: Quoted in Janssen, _op. cit._, vol. ii. p. 102.]

[Footnote 8: Roscher, _Geschichte_, p. 12.]

It must at the same time be clearly kept in mind that the seller

was also protected. All the authorities are unanimous that it was as

sinful for the buyer to give too little as for the seller to demand

too much, and it is this aspect of the just price which appears most

favourable in comparison with the theory of price of the classical

economists. In the former case prices were fixed having regard to

the wages necessary for the producer; in the latter the wages of the

producer are determined by the price at which he can sell his

goods, exposed to the competition of machinery or foreign--possibly

slave--labour.[1] According to the _Catholic Encyclopædia_: 'To the

mediæval theologian the just price of an article included enough

to pay fair wages to the worker--that is, enough to enable him to

maintain the standard of living of his class.'[2] 'The difference,'

says Dr. Cunningham, 'which emerges according as we start from one

principle or the other comes out most distinctly with reference to

wages. In the Middle Ages wages were taken as a first charge; in

modern times the reward of the labourer cannot but fluctuate in

connection with fluctuations in the utility and market price of the

things. There must always be a connection between wages and prices,

but in the olden times wages were the first charge, and prices on the

whole depended on them, while in modern times wages are, on the other

hand, directly affected by prices.'[3] Dr. Cunningham draws attention

to the fact that the labouring classes rejected the idea of the fixing

of a just price for their services when, from a variety of causes,

a situation arose when they were able to earn by open competition a

reward higher than what was necessary to support them according

to their state in life.[4] Nowadays the reverse has taken place;

unrestricted competition has in many cases resulted in the reduction

of wages to a level below the margin of subsistence; and the general

cry of the working classes is for the compulsory fixing of minimum

rates of wages which will ensure that their subsistence will not be

liable to be impaired by the fluctuations of the markets. What

the workers of the present day look to as a desirable, but almost

unattainable, ideal, was the universal practice in the ages when

economic relations were controlled by Christian principles.

[Footnote 1: Ashley, _op. cit._, vol. i. pt. i. p. 129.]

[Footnote 2: Art. 'Political Economy.']

[Footnote 3: _Growth of English Industry and Commerce_, vol. i. p.

461.]

[Footnote 4: _Christianity and Economic Science_, p. 29.]

§ 6. _Was the Just Price Subjective or Objective_?

The question whether the just price was essentially subjective or

objective has recently formed the subject matter of an interesting

and ably conducted discussion, provoked by certain remarks in Dr.

Cunningham's _Western Civilisation_.[1] Dr. Cunningham, although

admiring the ethical spirit which animated the conception of the just

price, thought at the same time that the economic ideas underlying the

conception were so undeveloped and unsound that the theory could not

be applied in practice at the present day. 'Their economic analysis

was very defective, and the theory of price which they put forward was

untenable; but the ethical standpoint which they took is well worth

examination, and the practical measures which they recommended appear

to have been highly beneficial in the circumstances in which they had

to deal. Their actions were not unwise; their common-sense morality

was sound; but the economic theories by which they tried to give an

intellectual justification for their rules and their practice were

quite erroneous.... The attempt to determine an ideal price implies

that there can and ought to be stability in relative values and

stability in the measure of values--which is absurd. The mediæval

doctrine and its application rested upon another assumption which we

have outlived. Value is not a quality which inheres in an object so

that it can have the same worth for everybody; it arises from the

personal preference and needs of different people, some of whom desire

a thing more and some less, some of whom want to use it in one way and

some in another. Value is not objective--intrinsic in the object--but

subjective, varying with the desire and intentions of the possessors

or would-be possessors; and, because it is thus subjective, there

cannot be a definite ideal value which every article ought to possess,

and still more a just price as the measure of that ideal value.' In

these and similar observations to be found in the _Growth of English

History and Commerce_, Dr. Cunningham showed that he profoundly

misunderstood the doctrine of the just price; the objectivity which

he attributed to it was not the objectivity ascribed to it by the

scholastics. It was to correct this misunderstanding that Father

Slater contributed an article to the _Irish Theological Quarterly_[2]

pointing out that the just price was subjective rather than objective.

This article, which was afterwards reprinted in _Some Aspects of Moral

Theology_, and the conclusions of which were embodied in the same

writer's work on Moral Theology, was controverted in a series of

articles by Father Kelleher in the _Irish Theological Quarterly_.[3]

[Footnote 1: Pp. 77-9.]

[Footnote 2: Vol. iv. p. 146.]

[Footnote 1: 'Market Prices,' vol. ix. p. 398 and vol. x. p. 163; and

'Father Slater on Just Price and Value,' vol. xi. p. 159.]

Father Slater draws attention to the fact that Dr. Cunningham

overlooked to some extent the importance of common estimation in

arriving at the just price. He points out that, far from objects being

invested with some immutable objective value, their value was in fact

determined by the price which the community as a whole was willing to

pay for them: 'As the value in exchange will be determined by what the

members of the community at the time are prepared to give, ... it will

be determined by the social estimation of its utility for the support

of life and its scarcity. It will depend upon its capacity to satisfy

the wants and desires of the people with whom commercial transactions

are possible and practicable. Father Slater then goes on categorically

to refute Dr. Cunningham's presentation of the objectivity of price:

'All that that doctrine asserts is that there should be, and that

there is, an equivalent in social value between the commodity and

its price at a certain time and in a certain place; it says nothing

whatever about the stability or permanence of prices at different

times and at different places. By maintaining that the just price did

not depend upon the valuation of the individual buyer or seller the

mediæval doctors did not dream of making it intrinsic to the object.'

In the work on Moral Theology, to which we have referred, expressions

occur which lead one to believe that Father Slater did not see any

great difference between the mediæval just price arrived at by common

estimation and the modern normal or market price arrived at by

open competition. Thus, in endeavouring to correct Dr. Cunningham's

misunderstanding, Father Slater seems to have gone too far in the

other direction, and his position has been ably and, in our judgment,

successfully, controverted by Father Kelleher.

The point at issue between the upholders of the two opposing views

on just price is well stated by Father Kelleher in the first of his

articles on the subject: 'We must try to find out whether the just

and fair price determined the rate of exchange, or whether the rate

of exchange, being determined without an objective standard and merely

according to the play of human motives, determines what we call the

just and fair price.'[1] We have already demonstrated that the common

estimation referred to by the mediæval doctors was something quite

apart from the modern higgling in the market; and that, far from

being merely the result of unbridled competition on both sides, it

was rather the considered judgment of the best-informed members of the

community. As we have seen, even Dr. Cunningham admits that there

was a fundamental difference between the common estimation of

the scholastics and the modern competitive price. This is clearly

demonstrated by Father Kelleher, who further establishes the

proposition that the modern price is purely subjective, and that no

subjective price can rest on an ethical basis. The question at issue

therefore between what we may call the subjective and objective

schools is not whether the sale price was determined by competition

in the modern sense, but whether the common estimation of those best

qualified to form an opinion on the subject in itself determined the

just price, or whether it was merely the most reliable evidence of

what the just price in fact was at a particular moment.

[Footnote 1: _Irish Theological Quarterly_, vol. ix. p. 41.]

Father Kelleher draws attention to the fact that Aquinas in his

article on price did not specifically affirm that the just price

was objective, but he explains this omission by saying that the

objectivity of the price was so well and universally understood that

it was unnecessary expressly to restate it. Indeed, as we saw above,

the teaching of Aquinas on price left a great deal to be supplied by

later writers, not because he was in any doubt about the subject, but

because the theory was so well understood. 'Not even in St. Thomas can

we find a formal discussion of the moral obligation of observing an

objective equivalence in contracts of buying and selling. He simply

took it for granted, as, indeed, was inevitable, seeing that, up to

his time and for long after, all Catholic thought and legislation

proceeded on that hypothesis. But that he actually did take it for

granted, he has given many clear indications in his article on Justice

which leave us no room for reasonable doubt.'[1] As Father Kelleher

very cogently points out, the discussion in Aquinas's article on

commerce, whether it was lawful to buy cheap and sell dear, very

clearly indicates that the author maintained the objective theory,

because if the just price were simply determined by what people were

willing to give, this question could not have arisen.

[Footnote 1: _Irish Theological Quarterly_, vol. x. p. 165.]

Nor is the fact that the just price admitted of a certain elasticity

an argument in favour of its being subjective. Father Kelleher fully

admits that the common estimation was the general criterion of just

price, and, of course, the common estimation could not, of its very

nature, be rigid and immutable. Commodities should, indeed, exchange

according to their objective value, but, even so, commodities could

not carry their value stamped on their faces. Even if we assume that

the standard of exchange was the cost of production, there would still

remain room for a certain amount of difference of opinion as to what

exactly their value would be in particular instances. Suppose that the

commodity offered for sale was a suit of clothes, in estimating its

value on the basis of the cost of production, opinions might differ

as to the precise amount of time required for making it, or as to the

cost of the cloth out of which it was made. Unless recourse was to be

had to an almost interminable process of calculations, nobody could

say authoritatively what precisely the value was, and in practice the

determination of value had perforce to be left to the ordinary human

estimate of what it was, which of its very nature was bound to admit a

certain margin of fluctuation. Thus we can easily understand how, even

with an objective standard of value, the just price might be admitted

to vary within the limits of the maximum as it might be expected to

be estimated by sellers and the minimum as it would appear just to

buyers. The sort of estimation of which St. Thomas speaks is therefore

nothing else than a judgment, which, being human, is liable to be

slightly in excess or defect of the objective value about which it is

formed.'[1] As Father Kelleher puts it on a later page, 'There is a

sense certainly in which, with a solitary exception in the case of

wages, it may be said with perfect truth that the common estimation

determines the just price. That is, the common estimation is the

proximate practical criterion.'[2]

[Footnote 1: _Irish Theological Quarterly_, vol. x. p. 166.]

[Footnote 2: P. 173.]

Father Kelleher uses in support of his contention a very ingenious

argument drawn from the doctrine of usury. As we said in the first

chapter, and as we shall prove in detail in the next section, the

prohibition of usury was simply one of the applications of the theory

of equivalence in contracts--in other words, it was the determination

of the just price to be paid in an exchange of money for money. If,

asks Father Kelleher, the common estimation was the final test of just

price, why was not moderate usury allowed? That the general opinion of

the community in the Middle Ages was undoubtedly in favour of allowing

a reasonable percentage on loans is shown by the constant striving of

the Church to prevent such a practice. Nevertheless the Church did

not for a moment relax its teaching on usury in spite of the almost

universal judgment of the people. Here, therefore, is a clear example

of one contract in which the standard of value is clearly objective,

and it is only reasonable to draw the conclusion that the same

standard which applied in contracts of the exchange of money should

apply in contracts of the sale of other articles.

Father Kelleher's contention seems to be completely supported by the

passage from Nider which we have cited above, to the effect that the

common estimation ceases to be the final test of the just price when

the contracting parties know or believe that the common estimation has

erred.[1] This seems to us clearly to show that the common estimation

was but the most generally received test of what the just price

in fact was, but that it was in no sense a final or irrefutable

criterion.[2]

[Footnote 1: _De Cont. Merc._, ii. xv. Nider was regarded as a very

weighty authority on the subject of contracts (Endemann, _Studien_,

vol. ii. p. 8).]

[Footnote 2: The argument in favour of what we have called the

'objective' theory of the just price is strengthened by the

consideration that goods do not satisfy mere subjective whims, but

supply real wants. For example, food supplies a real need of the human

being, as also does clothing; in the one case hunger is appeased,

and in the other cold is warded off, just as drugs used in medical

practice produce real objective effects on the person taking them.]

The theory that the just price was objective seems to be accepted by

the majority of the best modern students of the subject. Sir William

Ashley says: 'The fundamental difference between the mediæval and

modern point of view is... that with us value is something entirely

subjective; it is what each individual cares to give for a thing. With

Aquinas it was entirely objective; something outside the will of

the individual purchaser or seller; something attached to the thing

itself, existing whether he liked it or not, and that he ought to

recognise.'[1] Palgrave's _Dictionary of Political Economy_, following

the authority of Knies, expresses the same opinion: 'Perhaps the

contrast between mediæval and modern ideas of value is best expressed

by saying that with us value is usually something subjective,

consisting of the mental determination of buyer and seller, while to

the schoolmen it was in a sense objective, something intrinsically

bound up with the commodity itself.'[2] Dr. Ryan agrees with this

view: 'The theologians of the sixteenth and seventeenth centuries

assumed that the objective price would be fair, since it was

determined by the social estimate. In their opinion the social

estimate would embody the requirements of objective justice as fully

as any device or institution that was practically available. For the

condition of the Middle Ages and the centuries immediately following,

this reasoning was undoubtedly correct. The agencies which created

the social estimate and determined prices--namely the civil law, the

guilds, and custom--succeeded fairly in establishing a price that was

equitable to all concerned.'[3] Dr. Cleary says: 'True, the _pretium

legale_ is regarded as being a just price, but in order that it may

be just, it supposes some objective basis--in other words, it rather

declares than constitutes the just price.'[4] Haney is also strongly

of opinion that the just price was objective. 'Briefly stated, the

doctrine was that every commodity had some one true value which was

objective and absolute.'[5] The greater number of modern students

therefore who have given most care and attention to the question are

inclined to the opinion that the just price was not subjective, but

objective, and we see no valid reason for disagreeing with this view,

which seems to be fully warranted by the original authorities.

[Footnote 1: _Op. cit._, vol. i. pt. i. p. 140.]

[Footnote 2: Art. 'Justum Pretium.']

[Footnote 3: 'The Moral Aspect of Monopoly,' by J.A. Ryan, D.D.,

_Irish Theological Quarterly_, in. p. 275; and see _Distributive

Justice_, pp. 332-4.]

[Footnote 4: _Op. cit._, p. 193.]

[Footnote 5: _History of Economic Thought_, p. 75.]

§7. _The Mediæval Attitude towards Commerce_.

Before passing from the question of price, we must discuss the

legitimacy of the various occupations which were concerned with buying

and selling. The principal matter which arises for consideration

in this regard is the attitude of the mediæval theologians towards

commerce. Aquinas discusses the legitimacy of commerce in the same

question in which he discusses just price, and indeed the two subjects

are closely allied, because the importance of the observance of

justice in buying and selling grew urgent as commerce extended and

advanced.

In order to understand the disapprobation with which commerce was on

the whole regarded in the Middle Ages, it is necessary to appreciate

the importance of the Christian teaching on the dignity of labour. The

principle that, far from being a degrading or humiliating occupation,

as it had been regarded in Greece and Rome, manual labour was, on

the contrary, one of the most noble ways of serving God, effected

a revolution in the economic sphere analogous to that which the

Christian sanctification of marriage effected in the domestic sphere.

The Christian teaching on labour was grounded on the Divine precepts

contained in both the Old and New Testaments,[1] and upon the example

of Christ, who was Himself a working man. The Gospel was preached

amongst the poor, and St. Paul continued his humble labours during

his apostolate.[2] A life of idleness was considered something to be

avoided, instead of something to be desired, as it had been in the

ancient civilisations. Gerson says it is against the nature of man to

wish to live without labour as usurers do,[3] and Langenstein

inveighs against usurers and all who live without work.[4] 'We read

in Sebastian Brant that the idlers are the most foolish amongst fools,

they are to every people like smoke to the eyes or vinegar to

the teeth. Only by labour is God truly praised and honoured; and

Trithemius says "Man is born to labour as the bird to fly, and hence

it is contrary to the nature of man when he thinks to live without

work."'[5] The example of the monasteries, where the performance

of all sorts of manual labour was not thought inconsistent with the

administration of the sacred offices and the pursuit of the highest

intellectual exercises, acted as a powerful assertion to the laity

of the dignity of labour in the scheme of things.[6] The value of the

monastic example in this respect cannot be too highly estimated. 'When

we consider the results of the founding of monasteries,' says Dr.

Cunningham, 'we find influences at work that were plainly economic.

These communities can be best understood when we think of them as

Christian industrial colonies, and remember that they moulded society

rather by example than by precept. We are so familiar with the attacks

and satires on monastic life that were current at the Reformation

period, that it may seem almost a paradox to say that the chief

claim of the monks to our gratitude lies in this, that they helped to

diffuse a better appreciation of the duty and dignity of labour.'[7]

[Footnote 1: Gen. iii. 19; Ps. cxxvii. 2; 2 Thess. iii. 10. The

last-mentioned text is explained, in opposition to certain Socialist

interpretations which have been put on it, by Dr. Hogan in the _Irish

Ecclesiastical Record_, vol. xxv. p. 45.]

[Footnote 2: Wallon, _op. cit._, vol. iii. p. 401.]

[Footnote 3: _De Cont._, i. 13.]

[Footnote 4: _De Cont._]

[Footnote 5: Janssen, _op. cit._, vol. ii. pp. 93-4.]

[Footnote 6: Levasseur, _Histoire des Classes ouvrières en France_,

vol. i. pp. 182 _et seq_.]

[Footnote 7: _Western Civilisation_, vol. ii. p. 35.]

The result of this teaching and example was that, in the Middle Ages,

labour had been raised to a position of unquestioned dignity. The

economic benefit of this attitude towards labour must be obvious. It

made the working classes take a direct pride and interest in their

work, which was represented to be a means of sanctification. 'Labour,'

according to Dr. Cunningham, 'was said to be pregnant with a double

advantage--the privilege of sharing with God in His work of carrying

out His purpose, and the opportunity of self-discipline and the

helping of one's fellow-men.'[1] 'Industrial work,' says Levasseur,

'in the times of antiquity had always had, in spite of the

institutions of certain Emperors, a degrading character, because it

had its roots in slavery; after the invasion, the grossness of the

barbarians and the levelling of towns did not help to rehabilitate it.

It was the Church which, in proclaiming that Christ was the son of

a carpenter, and the Apostles were simple workmen, made known to the

world that work is honourable as well as necessary. The monks proved

this by their example, and thus helped to give to the working classes

a certain consideration which ancient society had denied them. Manual

labour became a source of sanctification.'[2] The high esteem in which

labour was held appears from the whole artistic output of the Middle

Ages. 'Many of the simple artists of the time represented the saints

holding some instrument of work or engaged in some industrial pursuit;

as, for instance, the Blessed Virgin spinning as she sat by the cradle

of the divine Infant, and St. Joseph using a saw or carpenter's tools.

"Since the Saints," says the _Christian Monitor_, "have laboured, so

shall the Christian learn that by honourable labour he can glorify

God, do good, and save his own soul."'[3] Work was, alongside of

prayer and inseparable from it, the perfection of Christian life.[4]

[Footnote 1: _Christianity and Economic Science_, pp. 26-7.]

[Footnote 2: _Op. cit._, vol. i. p. 187.]

[Footnote 3: Janssen, _op. cit._, vol. ii. p. 9.]

[Footnote 4: Wallon, _op. cit._, vol. i. p. 410.]

It must not be supposed, however, that manual labour alone was thought

worthy of praise. On the contrary, the necessity for mental and

spiritual workers was fully appreciated, and all kinds of labour

were thought equally worthy of honour. 'Heavy labourer's work is the

inevitable yoke of punishment, which, according to God's righteous

verdict, has been laid upon all the sons of Adam. But many of Adam's

descendants seek in all sorts of cunning ways to escape from the yoke

and to live in idleness without labour, and at the same time to have

a superfluity of useful and necessary things; some by robbery and

plunder, some by usurious dealings, others by lying, deceit, and all

the countless, forms of dishonest and fraudulent gain, by which men

are for ever seeking to get riches and abundance without toil. But

while such men are striving to throw off the yoke righteously imposed

on them by God, they are heaping on their shoulders a heavy burden

of sin. Not so, however, do the reasonable sons of Adam proceed; but,

recognising in sorrow that for the sins of their first father God has

righteously ordained that only through the toil of labour shall they

obtain what is necessary to life, they take the yoke patiently on

them.... Some of them, like the peasants, the handicraftsmen, and the

tradespeople, procure for themselves and others, in the sweat of their

brows and by physical work, the necessary sustenance of life. Others,

who labour in more honourable ways, earn the right to be maintained by

the sweat of others' brows--for instance, those who stand at the head

of the commonwealth; for by their laborious exertion the former are

enabled to enjoy the peace, the security, without which they could not

exist. The same holds good of those who have the charge of spiritual

matters....'[1] 'Because,' says Aquinas, 'many things are necessary to

human life, with which one man cannot provide himself, it is necessary

that different things should be done by different people; therefore

some are tillers of the soil, some are raisers of cattle, some are

builders, and so on; and, because human life does not simply mean

corporal things, but still more spiritual things, therefore it

is necessary that some people should be released from the care of

attending to temporal matters. This distribution of different offices

amongst different people is in accordance with Divine providence.'[2]

[Footnote 1: Langenstein, quoted in Janssen, _op. cit._, p. 95.]

[Footnote 2: _Summa Cont. Gent_., iii. 134.]

All forms of labour being therefore admitted to be honourable and

necessary, there was no difficulty felt about justifying their reward.

It was always common ground that services of all kinds were entitled

to be properly remunerated, and questions of difficulty only arose

when a claim was made for payment in a transaction where the element

of service was not apparent.[1] The different occupations in which men

were engaged were therefore ranked in a well-recognised hierarchy

of dignity according to the estimate to which they were held to

be entitled. The Aristotelean division of industry into _artes

possessivae_ and _artes pecuniativae_ was generally followed, the

former being ranked higher than the latter. 'The industries called

_possessivae_, which are immediately useful to the individual, to the

family, and to society, producing natural wealth, are also the most

natural as well as the most estimable. But all the others should not

be despised. The natural arts are the true economic arts, but the arts

which produce artificial riches are also estimable in so far as they

serve the true national economy; the commutation of the exchanges and

the _cambium_ being necessary to the general good, are good in so far

as they are subordinate to the end of true economy. One may say the

same thing about commerce. In order, then, to estimate the value of an

industrial art, one must examine its relation to the general good.'[2]

Even the _artes possessivae_ were not all considered equally worthy of

praise, but were ranked in a curious order of professional hierarchy.

Agriculture was considered the highest, next manufacture, and lastly

commerce. Roscher says that, whereas all the scholastics were agreed

on the excellence of agriculture as an occupation, the best they could

say of manufacture was _Deo non displicet_, whereas of commerce they

said _Deo placere non potest_; and draws attention to the interesting

consequence of this, namely, that the various classes of goods that

took part in the different occupations were also ranked in a certain

order of sacredness. Immovables were thought more worthy of protection

against execution and distress than movables, and movables than

money.[3] Aquinas advises the rulers of States to encourage the _artes

possessivae_, especially agriculture.[4] The fullest analysis of the

order in which the different _artes possessivae_ should be ranked is

to be found in Buridan's _Commentaries on Aristotle's Politics_. He

places first agriculture, which comprises cattle-breeding, tillage,

and hunting; secondly, manufacture, which helps to supply man's

corporal needs, such as building and architecture; thirdly,

administrative occupations; and lastly, commerce. The Christian

Exhortation, quoted by Janssen,[5] says, 'The farmer must in all

things be protected and encouraged, for all depend on his labour,

from the monarch to the humblest of mankind, and his handiwork is in

particular honourable and well pleasing to God.'

[Footnote 1: Aquinas, _Summa_, II. ii. 77, 4; Nider, _op. cit._, II.

x.]

[Footnote 2: Brants, _op. cit._, p. 82.]

[Footnote 3: _Geschichte_, p. 7.]

[Footnote 4: _De Regimine Principum_, vol. ii. chaps, v. and vi.]

[Footnote 5: _Op. cit._, vol. i. p. 297.]

The division of occupations according to their dignity adopted by

Nicholas Oresme is somewhat unusual. He divides professions into (1)

honourable, or those which increase the actual quantity of goods in

the community or help its development, such as ecclesiastical offices,

the law, the soldiery, the peasantry, artisans, and merchants, and

(2) degrading--such as _campsores, mercatores monetae sen

billonatores.'_[1]

No occupation, therefore, which involved labour, whether manual

or mental, gave any ground for difficulty with regard to its

remuneration. The business of the trader or merchant, on the other

hand, was one which called for some explanation. It is important

to understand what commerce was taken to mean. The definition which

Aquinas gives was accepted by all later writers: 'A tradesman is one

whose business consists in the exchange of things. According to the

philosopher, exchange of things is twofold; one natural, as it were,

and necessary, whereby one commodity is exchanged for another, or

money taken in exchange for a commodity in order to satisfy the needs

of life. Such trading, properly speaking, does not belong to traders,

but rather to housekeepers or civil servants, who have to provide the

household or the State with the necessaries of life. The other kind

of exchange is either that of money for money, or of any commodity for

money, not on account of the necessities of life, but for profit; and

this kind of trade, properly speaking, regards traders.' It is to

be remarked in this definition, that it is essential, to constitute

trade, that the exchange or sale should be for the sake of profit,

and this point is further emphasised in a later passage of the same

article: 'Not every one that sells at a higher price than he bought

is a trader, but only he who buys that he may sell at a profit. If,

on the contrary, he buys, not for sale, but for possession, and

afterwards for some reason wishes to sell, it is not a trade

transaction, even if he sell at a profit. For he may lawfully do this,

either because he has bettered the thing, or because the value of the

thing has changed with the change of place or time, or on account

of the danger he incurs in transferring the thing from one place to

another, or again in having it carried by hand. In this sense neither

buying nor selling is unjust.'[2] The importance of this definition

is that it rules out of the discussion all cases where the goods have

been in any way improved or rendered more valuable by the services

of the seller. Such improvement was always reckoned as the result of

labour of one kind or another, and therefore entitled to remuneration.

The essence of trade in the scholastic sense was selling the thing

unchanged at a higher price than that at which it had been bought, for

the sake of gain.[3]

[Footnote 1: _Tractatus de Origine, etc., Monetarum_.]

[Footnote 2: _Tractatus de Origine, etc., Monetarum_, ad. 2.]

[Footnote 3: 'Fit autem mercatio cum non ut emptor ea utatur sed ut

earn carius vendat etiam non mutatam suo artificio; illa mercatio

dicitur proprie negotiatio' (Biel, _op. cit._, IV. xv. 10.)]

The legitimacy of trade in this sense was only gradually admitted. The

Fathers of the Church had with one voice condemned trade as being an

occupation fraught with danger to the soul. Tertullian argued that

there would be no need of trade if there were no desire for gain, and

that there would be no desire for gain if man were not avaricious.

Therefore avarice was the necessary basis of all trade.[1] St. Jerome

thought that one man's gain in trading must always be another's loss;

and that, in any event, trade was a dangerous occupation since it

offered so many temptations to fraud to the merchant.[2] St. Augustine

proclaimed all trade evil because it turns men's minds away from

seeking true rest, which is only to be found in God, and this opinion

was embodied in the _Corpus Juris Canonici_.[3] This early view that

all trade was to be indiscriminately condemned could not in the nature

of things survive experience, and a great step forward was taken

when Leo the Great pronounced that trade was neither good nor bad in

itself, but was rendered good or bad according as it was honestly or

dishonestly carried on.[4]

[Footnote 1: _De Idol_., xi.]

[Footnote 2: Ashley, _op. cit._, vol. i. pt. i. p. 129.]

[Footnote 3: See _Corpus Juris Canonici_, Deer. I.D. 88 c. 12.]

[Footnote 4: _Epist. ad Rusticum_, c. ix.]

The scholastics, in addition to condemning commerce on the authority

of the patristic texts, condemned it also on the Aristotelean ground

that it was a chrematistic art, and this consideration, as we have

seen above, enters into Aquinas's article on the subject.[1]

[Footnote 1: Rambaud, _op. cit._, p. 52.]

The extension of commercial life which took place about the beginning

of the thirteenth century, raised acute controversies about the

legitimacy of commerce. Probably nothing did more to broaden the

teaching on this subject than the necessity of justifying trade which

became more and more insistent after the Crusades.[1]

[Footnote 1: On the economic influence of the Crusades the following

works may be consulted: Blanqui, _Histoire de l'Economie politique_;

Heeren, _Essai sur l'Influence politique et sociale des Croisades_;

Scherer, _Histoire du Commerce_; Prutz, _Culturgeschichte der

Kreuzzüge_; Pigonneau, _Histoire du Commerce de la France_; List, _Die

Lehren der Handelspolitischen Geschichte_.]

By the time of Aquinas the necessity of commerce had come to be fully

realised, as appears from the passage in the _De Regimine Principum_:

'There are two ways in which it is possible to increase the affluence

of any State. One, which is the more worthy way, is on account of the

fertility of the country producing an abundance of all things which

are necessary for human life, the other is through the employment

of commerce, through which the necessaries of life are brought from

different places. The former method can be clearly shown to be the

more desirable.... It is more admirable that a State should possess an

abundance of riches from its own soil than through commerce. For the

State which needs a number of merchants to maintain its subsistence

is liable to be injured in war through a shortage of food if

communications are in any way impeded. Moreover, the influx of

strangers corrupts the morals of many of the citizens... whereas,

if the citizens themselves devote themselves to commerce, a door is

opened to many vices. For when the desire of merchants is inclined

greatly to gain, cupidity is aroused in the hearts of many

citizens.... For the pursuit of a merchant is as contrary as possible

to military exertion. For merchants abstain from labours, and while

they enjoy the good things of life, they become soft in mind and their

bodies are rendered weak and unsuitable for military exercises....

It therefore behoves the perfect State to make a moderate use of

commerce.'[1]

[Footnote 1: ii. 3.]

Aquinas, who, as we have seen, recognised the necessity of commerce,

did not condemn all trade indiscriminately, as the Fathers had done,

but made the motive with which commerce was carried on the test of its

legitimacy: 'Trade is justly deserving of blame, because, considered

in itself, it satisfies the greed for gain, which knows no limit, and

tends to infinity. Hence trading, considered in itself, has a certain

debasement attaching thereto, in so far as, by its very nature, it

does not imply a virtuous or necessary end. Nevertheless gain, which

is the end of trading, though not implying, by its nature, anything

virtuous or necessary, does not, in itself, connote anything sinful

or contrary to virtue; wherefore nothing prevents gain from being

directed to some necessary or even virtuous end, and thus trading

becomes lawful. Thus, for instance, a man may intend the moderate gain

which he seeks to acquire by trading for the upkeep of his household,

or for the assistance of the needy; or again, a man may take to trade

for some public advantage--for instance, lest his country lack the

necessaries of life--and seek gain, not as an end, but as payment for

his labour.'[1] This is important in connection with what we have said

above as to property, as it shows that the trader was quite justified

in seeking to obtain more profits, provided that they accrued for the

benefit of the community. This justification of trade according to the

end for which it was carried on, was not laid down for the first time

by Aquinas, but may be found stated in an English treatise of the

tenth century entitled _The Colloquy of Archbishop Alfric_, where,

when a doctor asks a merchant if he wishes to sell his goods for the

same price for which he has bought them, the merchant replies: 'I do

not wish to do so, because if I do so, how would I be recompensed for

my trouble? but I wish to sell them for more than I paid for them so

that I might secure some gain wherewith to support myself, my wife,

and family.'[2]

[Footnote 1: II. ii. 77, 4.]

[Footnote 2: Loria, _Analysi de la proprietà, capitalista_, ii. 168.]

In spite of the fact that the earlier theory that no commercial gain

which did not represent payment for labour could be justified

was still maintained by some writers--for instance, Raymond de

Pennafort[1]--the teaching of St. Thomas Aquinas was generally

accepted throughout the later Middle Ages. Canonists and theologians

accepted without hesitation the justification of trade formulated by

Aquinas.[2] Henri de Gand,[3] Duns Scotus,[4] and François de Mayronis

[5] unhesitatingly accepted the view of Aquinas, and incorporated it

in their works.[6] 'An honourable merchant,' says Trithemius, 'who

does not only think of large profits, and who is guided in all his

dealings by the laws of God and man, and who gladly gives to the needy

of his wealth and earnings, deserves the same esteem as any other

worker. But it is no easy matter to be always honourable in all

mercantile dealings and not to become usurious. Without commerce

no community can of course exist, but immoderate commerce is rather

hurtful than beneficial, because it fosters greed of gain and gold,

and enervates and emasculates the nation through love of pleasure

and luxury.'[7] Nider says that to buy not for use but for sale at a

higher price is called trade. Two special rules apply to this: first,

that it should be useful to the State, and second, that the price

should correspond to the diligence, prudence, and risk undertaken in

the transaction.[8]

[Footnote 1: _Summa Theologica_, II. vii. 5.]

[Footnote 2: Ashley, _op. cit._, p. 55.]

[Footnote 3: _Quodlib_., i. 40.]

[Footnote 4: _Lib. Quat. Sent._, xv. 2.]

[Footnote 5: iv. 16, 4.]

[Footnote 6: See Jourdain, _op. cit._, p. 20 _et seq_.]

[Footnote 7: Quoted in Janssen, _op. cit._, vol. ii. p. 97.]

[Footnote 8: _Op. cit._, iv. 10.]

The later writers hi the fifteenth century seem to have regarded trade

more liberally even than Aquinas, although they quote his dictum on

the subject as the basis of their teaching. Instead of condemning all

commerce as wrong unless it was justified by good motives, they were

rather inclined to treat commerce as being in itself colourless, but

capable of becoming evil by bad motives. Carletus says: 'Commerce in

itself is neither bad nor illegal, but it may become bad on account

of the circumstances and the motive with which it is undertaken, the

persons who undertake it, or the manner in which it is conducted. For

instance, commerce undertaken through avarice or a desire for sloth is

bad; so also is commerce which is injurious to the republic, such as

engrossing.'[1]

[Footnote 1: _Summa Angelica_, 169: 'Mercatio non est mala ex genere,

sed bona, humano convictui necessaria dum fuerit justa. Mercatio

simpliciter non est peccatum sed ejus abusus.' Biel, _op. cit._, iv.

xv. 10.]

Endemann, having thoroughly studied all the fifteenth-century writers

on the subject, says that commerce might be rendered unjustifiable

either by subjective or objective reasons. Subjective illegality would

arise from the person trading--for instance, the clergy--or the motive

with which trade was undertaken; objective illegality on account of

the object traded in, such as weapons in war-time, or the bodies

of free men.[1] Speculative trading, and what we to-day call

profiteering, were forbidden in all circumstances.[2]

[Footnote 1: _Studien_, vol. ii. p. 18.]

[Footnote 2: _The Ayenbite of Inwit_, a thirteenth-century confessor's

manual, lays it down that speculation is a kind of usury. (Rambaud,

_Histoire_, p. 56.)]

We need not dwell upon the prohibition of trading by the clergy,

because it was simply a rule of discipline which has not any bearing

upon general economic teaching, except in so far as it shows that

commerce was considered an occupation dangerous to virtue. Aquinas

puts it as follows: 'Clerics should abstain not only from things that

are evil in themselves, but even from those that have an appearance of

evil. This happens in trading, both because it is directed to worldly

gain, which clerics should despise, and because trading is open to so

many vices, since "a merchant is hardly free from sins of the lips."

[1] There is also another reason, because trading engages the mind too

much with worldly cares, and consequently withdraws it from spiritual

cares; wherefore the Apostle says:[2] "No man being a soldier to God

entangleth himself with secular business." Nevertheless it is lawful

for clerics to engage in the first-mentioned kind of exchange, which

is directed to supply the necessaries of life, either by buying or by

selling.'[3] The rule of St. Benedict contains a strong admonition to

those who may be entrusted with the sale of any of the products of the

monastery, to avoid all fraud and avarice.[4]

[Footnote 1: Eccles. xxvi. 28.]

[Footnote 2: 2 Tim. ii. 4.]

[Footnote 3: _Summa_, II. ii. 77, 4, ad. 3.]

[Footnote 4: _Beg. St. Ben._, 57.]

On the whole, the attitude towards commerce seems to have grown more

liberal in the course of the Middle Ages. At first all commerce was

condemned as sinful; at a later period it was said to be justifiable

provided it was influenced by good motives; while at a still later

date the method of treatment was rather to regard it as a colourless

act in itself which might be rendered harmful by the presence of bad

motives. This gradual broadening of the justification of commerce is

probably a reflection of the necessities of the age, which witnessed a

very great expansion of commerce, especially of foreign trade. In the

earlier centuries remuneration for undertaking risk was prohibited on

the authority of a passage in the Gregorian Decretals, but the later

writers refused to disallow it.[1] The following passage from Dr.

Cunningham's _Growth of English Industry and Commerce_ correctly

represents the attitude of the Church towards commerce at the end

of the Middle Ages: 'The ecclesiastic who regarded the merchant as

exposed to temptations in all his dealings would not condemn him as

sinful unless it were clear that a transaction were entered on

solely for greed, and hence it was the tendency for moralists to draw

additional distinctions, and refuse to pronounce against business

practices where common sense did not give the benefit of the

doubt.'[2] We have seen that one motive which would justify the

carrying on of trade was the desire to support one's self and one's

family. Of course this motive was capable of bearing a very extended

and elastic interpretation, and would justify increased commercial

profits according as the standard of life improved. The other motive

given by the theologians, namely, the benefit of the State, was also

one which was capable of a very wide construction. One must remember

that even the manual labourer was bound not to labour solely for

avaricious gain, but also for the benefit of his fellow-men. 'It is

not only to chastise our bodies,' says Basil, 'it is also by the love

of our neighbour that the labourer's life is useful so that God may

furnish through us our weaker brethren';[3] and a fifteenth-century

book on morality says: 'Man should labour for the honour of God.

He should labour in order to gain for himself and his family the

necessaries of life and what will contribute to Christian joy, and

moreover to assist the poor and the sick by his labours. He who acting

otherwise seeks only the pecuniary recompense of his work does ill,

and his labours are but usury. In the words of St. Augustine, "thou

shalt not commit usury with the work of thy hands, for thus wilt thou

lose thy soul,"'[4] The necessity for altruism and regard for the

needs of one's neighbour as well as of one's self were therefore

motives necessary to justify labour as well as commerce; and it would

be wrong to conclude that the teaching of the scholastics on the

necessity for a good motive to justify trade operated to damp

individual enterprise, or to discourage those who were inclined to

launch commercial undertakings, any more than the insistence on the

need for a similar motive in labourers was productive of idleness.

What the mediæval teaching on commerce really amounted to was that,

while commerce was as legitimate as any other occupation, owing to the

numerous temptations to avarice and dishonesty which it involved, it

must be carefully scrutinised and kept within due bounds. It was more

difficult to insure the observance of the just price in the case of

a sale by a merchant than in one by an artificer; and the power which

the merchant possessed of raising the price of the necessaries of life

on the poor by engrossing and speculation rendered him a person whose

operations should be carefully controlled.

[Footnote 1: Cunningham, _Growth of English Industry and Commerce_,

vol. i. p. 255.]

[Footnote 2: P. 255.]

[Footnote 3: _Reg. Fus. Tract._, XXXVII. i.]

[Footnote 4: Quoted in Janssen, _op. cit._, vol. ii. p. 9.]

Finally, it must be clearly understood that the attempt of some modern

writers to base the mediæval justification of commerce on an analysis

of all commercial gains as the payment for labour rests on a profound

misunderstanding. As we have already pointed out, Aquinas distinctly

rules out of consideration in his treatment of commerce the case

where the goods have been improved in value by the exertions of the

merchant. When the element of labour entered into the transaction the

matter was clearly beyond doubt, and the lengthy discussion devoted

to the question of commerce by Aquinas and his followers shows that in

justifying commercial gains they were justifying a gain resting not on

the remuneration for the labour, but on an independent title.

§ 8. _Cambium_.

There was one department of commerce, namely, _cambium_, or

money-changing, which, while it did not give any difficulty in theory,

involved certain difficulties in practice, owing to the fact that

it was liable to be used to disguise usurious transactions. Although

_cambium_ was, strictly speaking, a special branch of commerce, it was

nevertheless usually treated in the works on usury, the reason being

that many apparent contracts of _cambium_ were in fact veiled loans,

and that it was therefore a matter of importance in discussing usury

to explain the tests by which genuine and usurious exchanges could be

distinguished. Endemann treats this subject very fully and ably;[1]

but for the purpose of the present essay it is not necessary to do

more than to state the main conclusions at which he arrives.

[Footnote 1: _Studien_, vol. i. p. 75.]

Although the practice of exchange grew up slowly and gradually during

the later Middle Ages, and, consequently, the amount of space devoted

to the discussion of the theory of exchange became larger as time went

on, nevertheless there is no serious difference of opinion between

the writers of the thirteenth century, who treat the subject in

a fragmentary way, and those of the fifteenth, who deal with it

exhaustively and systematically. Aquinas does not mention _cambium_

in the _Summa_, but he recognises the necessity for some system of

exchange in the _De Eegimine Principum_.[1] All the later writers who

mention _cambium_ are agreed in regarding it as a species of commerce

to which the ordinary rules regulating all commerce apply. Francis

de Mayronis says that the art of _cambium_ is as natural as any

other kind of commerce, because of the diversity of the currencies

in different kingdoms, and approves of the campsor receiving some

remuneration for his labour and trouble.[2] Nicholas de Ausmo, in

his commentary on the _Summa Pisana_, written in the beginning of the

fifteenth century, says that the campsor may receive a gain from

his transactions, provided that they are not conducted with the sole

object of making a profit, and that the gain he may receive must

be limited by the common estimation of the place and time. This is

practically saying that _cambium_ may be carried on under the same

conditions as any other species of commerce. Biel says that _cambium_

is only legitimate if the campsor has the motive of keeping up a

family or benefiting the State, and that the contract may become

usurious if the gain is not fair and moderate.[3] The right of the

campsor to some remuneration for risk was only gradually admitted,

and forms the subject of much discussion amongst the jurists.[4]

This hesitation in allowing remuneration for risk was not peculiar

to _cambium_, but, as we have seen above, was common to all commerce.

Endemann points out how the theologians and jurists unanimously

insisted that _cambium_ could not be justified except when the just

price was observed, and that, when the doctrine attained its full

development, the element of labour was but one of the constituents in

the estimation of that price.[5]

[Footnote 1: 'Cum enim extraneae monetae communicantur in

permutationibus oportet recurrere ad artem campsoriam, cum talia

numismata non tantum valeant in regionibus extraneis quantum in

propriis (_De Reg. Prin._, ii. 13).]

[Footnote 2: In _Quot. Lib. Sent._, iv. 16, 4.]

[Footnote 3: _Op. oil_., IV. xv. 11.]

[Footnote 4: Endemann, _Studien_, vol. i. pp. 123-36.]

[Footnote 5: _Ibid._, p. 213.]

All the writers who treated of exchange divided it into three kinds;

ordinary exchange of the moneys of different currencies (_cambium

minutum_), exchange of moneys of different currencies between

different places, the justification for which rested on remuneration

for an imaginary transport (_cambium per litteras_), and usurious

exchange of moneys of the same currency (_cambium siccum_). The

former two species of cambium were justifiable, whereas the last was

condemned.[1]

[Footnote 1: Laurentius de Rodulfis, _De Usuris_, pt. iii. Nos. 1 to

5.]

The most complete treatise on the subject of money exchange is that

of Thomas da Vio, written in 1499. The author of this treatise divides

money-changing into three kinds, just, unjust, and doubtful. There

were three kinds of just change; _cambium minutum_, in which the

campsor was entitled to a reasonable remuneration for his labour;

_cambium per litteras_, in which the campsor was held entitled to a

wage (_merces_) for an imaginary transportation; and thirdly, when

the campsor carried money from one place to another, where it was of

higher value. The unjust change was when the contract was a usurious

transaction veiled in the guise of a genuine exchange. Under the

doubtful changes, the author discusses various special points which

need not detain us here.

Thomas da Vio then goes on to discuss whether the justifiable exchange

can be said to be a species of loan, and concludes that it can not,

because all that the campsor receives is an indemnity against loss

and a remuneration for his labour, trouble, outlay, and risk, which

is always justifiable. He then goes on to state the very important

principle, that in _cambium_ money is not to be considered a measure

of value, but a vendible commodity,[1] a distinction which Endemann

thinks was productive of very important results in the later teaching

on the subject.[2] The last question treated in the treatise is the

measure of the campsor's profit, and here the contract of exchange

is shown to be on all fours with every other contract, because the

essential principle laid down for determining its justice is the

observance of the equivalence between both parties.[1]

[Footnote 1: 'Numisma quamvis sit mensura et instrumentum in

permutationibus; tamen per se aliquid esse potest.' It is this

principle that justifies the treatment of _cambium_ in this section

rather than the next.]

[Footnote 2: _Studien_, vol. ii. p. 212.]

An Essay on Mediæval Economic Teaching · 第 1 / 4 章