VI.--THE PROHIBITION OF USURY.

Very soon after the passing of the Statute of 1270, Edward left England

to join the second Crusade of St. Louis, and did not return till

1274, two years after he had been proclaimed king. At once he took up

with characteristic vigour, and with the help and advice of a band of

statesmen and lawyers, the work of administrative reform that he had

already begun as heir-apparent. He recognised that the state of affairs

established in 1270 could not endure, since, under it, the Jews, while

practically prevented from lending money at interest, now that the

law forbade them to take in pledge real property, the only possible

security for large loans, were nevertheless still nothing but usurers,

allowed by ancient custom and royal recognition to carry on that one

pursuit as best they could, and prevented by the same forces from

carrying on any other. Edward, with his usual love for “the definition

of duties and the spheres of duty,”[79] felt that it was necessary to

define for the Jews a new position, which should not, as did their

present position, condemn them to hopeless struggles, nor demand from

him acquiescence in what he believed to be a sin.

For the Church had never ceased to maintain the doctrine of the

sinfulness of usury which Ambrose and Clement, Jerome and Tertullian,

had taught in strict conformity with the communistic ideas of primitive

Christianity. It is true that till the eleventh century usury and

speculative trading generally had not been active enough to call for

repression, nor would the Church have been strong enough to enforce on

the Christian world the observance of its doctrine. It could not follow

up the attempt made by the Capitularies of Charles the Great to prevent

laymen from practising usury, and it had to rest content with enforcing

the prohibition on clerics.[80] But the growth under Hildebrand of

the power of the Church over every-day life, and the elevation of the

moral tone of its teaching that resulted from its struggles with the

temporal power, enabled it to adopt with increasing effect measures

of greater severity. Hildebrand, in 1083, decreed that usurers

should, like perjurers, thieves, and wife-deserters, be punished with

excommunication;[81] and the Lateran General Council of 1139, when

exhorted by Innocent II. to shrink from no legislation as demanding

too high and rigorous a morality, decreed that usurers were to be

excluded from the consolations of the Church, to be infamous all their

lives long, and to be deprived of Christian burial.[82] The religious

feeling aroused by the Crusades still further strengthened the hold on

the Christian world of characteristically Christian theory, while the

prospect of the economic results that they threatened to bring about in

Europe, awoke the Church to the advisability of putting forth all its

power to protect the estates of Crusaders against the money-lenders.

Many Popes of the twelfth century ordained, and St. Bernard approved

of the ordinance[83] that those who took up the Cross should be freed

from all engagements to pay usury into which they might have entered.

Innocent III. absolved Crusaders even from obligations of the kind that

they had incurred under oath, and subsequently ordered that Jews should

be forced, under penalty of exclusion from the society of Christians,

to return to their crusading debtors any interest that they had already

received from them.[84]

Stronger even than the influence of the Crusades was that of the

Mendicant Orders. The Dominicans, who preached, and the Franciscans,

who “taught and wrought” among all classes of people throughout

Europe, carried with them, as their most cherished lesson, the

doctrine of poverty. It was by the teaching of this doctrine, and

by the practice of the simple unworldly life of the primitive

Church, that the founders of the two orders had been able to give

new strength to the ecclesiastical institutions of the thirteenth

century. And their teaching, if not their practice, made its way from

the Casiuncula to the Vatican. Cardinal Ugolino, the dear friend of

S. Francis, became Gregory IX.; Petrus de Tarentagio, of the order

of the Dominicans, became Innocent IV.; and Girolamo di Ascoli, the

“sun” of the Franciscans, was soon to become Nicholas IV. Moreover,

the work of formulating and publishing to the world the official

doctrines of the Church was in the hands of the Mendicants. A

Dominican, Raymundus de Peñaforte, was entrusted by Gregory IX. with

the preparation of the Decretals, which formed the chief part of the

canon law of the Church.[85] And friars of both orders codified with

indefatigable labour the moral law of Christianity, and set it forth

in hand-books, or _Summæ_, which were universally accepted as guides

for the confessional, and which all agreed in condemning usury.[86]

Hence, the doctrine of its sinfulness was taught throughout Christian

Europe, by priests and monks, by Dominican preachers and Franciscan

confessors, who could enforce their lesson by the use of their power

of granting or refusing absolution. How strong and violent a public

opinion was thus created is best shown in the lines in which Dante, the

contemporary of Edward I., tells with what companions he thought it fit

that the Caursine usurers should dwell in hell.[87]

There was every reason why the hatred of usury should be as strong in

England as anywhere. The Franciscan movement had spread throughout the

country, and had found among Englishmen many of its chief literary

champions.[88] And the Englishman’s pious dislike of usury had been

strengthened by many years of bitter experience. Italian usurers

had in the previous reign gone up and down the country collecting

money on behalf of the Pope, and lending money on their own account

at exorbitant rates of interest.[89] From some of the magnates they

obtained protection (for which they are said to have paid with a share

of their profits),[90] but to the great body of the Baronage, to the

Church, and to the trading classes their very name had become hateful.

One of them, the brother of the Pope’s Legate, had been killed at

Oxford.[91] In London Bishop Roger had solemnly excommunicated them

all, and excluded them from his diocese.[92]

No English king who wished to follow the teachings of Christianity

could willingly countenance any of his subjects in carrying on a

traffic which was thus hated by the people and condemned by all the

doctors of Christendom. Even Henry III. was once so far moved by

indignation and religious feeling as to expel the Caursines from his

kingdom,[93] and had religious scruples about the retention of the

Jews.[94] But, as has been shown, he could not do without the Jewish

revenue. Edward was not only free from dependence on that source of

income, but he was also a far more religious king than his father. He

was a man to obey the behests of the Church, instead of setting them at

naught with an easy conscience, as his father had done. In the second

year of his reign the Church, by a decree passed at the Council of

Lyons, demanded from the Christian world far greater efforts against

usury than ever before.[95] Till this time, though Popes and Councils

had declared the practice accursed, churches and monasteries had had

usurers as tenants on their estates, or had even possessed whole

ghettos as their property.[96] Now this was to be ended, and it was

ordained by Gregory X. that no community, corporation, or individual

should permit foreign usurers to hire their houses, or indeed to dwell

at all upon their lands, but should expel them within three months.

Edward, in obedience to this decree, ordered an inquisition to be made

into the usury of the Florentine bankers in his kingdom with a view

to its suppression, and allowed proceedings to be taken at the same

time and with the same object against a citizen of London.[97] And the

events of the last reign enabled him to proceed to what at first seems

the far more serious task of bringing to an end the trade that the Jews

had carried on under the patronage, and for the benefit, of the Royal

Exchequer.

For the Jews could no longer support the Crown in times of financial

difficulty as they had been able to do in previous reigns. The

contraction of their business that was the result of their exclusion

from many towns, and the losses that they had suffered through the

extortions of Henry III. and the plundering attacks of the barons,

had very greatly diminished their revenue-paying capacities, and the

legislation of 1270 must have affected them still more deeply. At the

end of the twelfth century they had probably paid to the Treasury about

£3,000 a year, or one-twelfth of the whole royal income,[98] and for

some parts of the thirteenth century the average collection of tallage

has been estimated at £5,000;[99] but in 1271--by which time the royal

income had probably grown to something like the £65,000 a year which

the Edwards are said to have enjoyed in time of peace[100]--Henry

III., when pledging to Richard of Cornwall the revenue from the

Jewry, estimated its annual value, apart from what was yielded by

escheats and other special claims, at no more than 2,000 marks.[101]

And while the resources of the Jews had fallen off, the needs of the

Crown had increased. Not only must Edward have conducted his foreign

enterprises at a much greater cost than did his predecessors, under

whom the English knighthood had been accustomed to serve without

serious opposition, but, in addition, he had to make the best of a vast

heritage of debt that his father had left him.[102] He had to seek

richer supporters than the Jews, and such were not wanting.

The Italian banking companies were the only organisations in Europe

that could supply him with such sums of money as he needed. From all

the greatest cities of Italy--from Florence, Rome, Milan, Pisa, Lucca,

Siena, and Asti--they had spread to many of the chief countries of

Europe, to France, England, Brabant, Switzerland, and Ireland.[103]

They were merchants, money-lenders, money-changers, and international

bankers, and in this last occupation their supremacy over all rivals

was secured by the great advantage which the wide extent of their

dealings enabled them to enjoy, of being able to save, by the use

of letters of credit on their colleagues and countrymen, the cost

of the transport of money from country to country.[104] They were

thus the greatest financial agents of the time. They transacted the

business of the Pope. At the Court of Rome ambassadors had to borrow

from them.[105] In France their position was established by a regular

diplomatic agreement between the head of their corporation and Philip

III.[106] In England they had in their hands the greater part of the

trade in corn and wool;[107] and the protection and favour of English

kings was often besought by the Popes on their behalf in special

bulls.[108]

Edward began his reign in financial dependence on the Italians. His

father had in the earliest period of his personal government incurred

obligations to them which he himself, as heir apparent, had to increase

considerably at the time of his Crusade.[109] When in later years

he needed money to pay his army, he borrowed it from them; when he

diverted to his own use the tenth that was voted for his intended

second Crusade, they gave security for repayment.[110] So great were

the amounts that they advanced to him, that between 1298 and 1308 the

Friscobaldi Bianchi alone, one of the thirty-four companies that he

employed,[111] received in repayment nearly £100,000.[112] He was

compelled to favour them, although he attempted to stop their usury. He

gave them a charter of privileges.[113] He presented them with large

sums of money. He bestowed on the head of one of their firms high

office in Gascony. At various times he placed under their charge the

collection of the Customs in many of the chief ports in England.[114]

Edward’s close connection with a body of financiers so rich and

powerful made the Jews unnecessary to him. If he was not to disobey the

decree of the Council of Lyons he must either withdraw his protection

from them or else forbid them any longer to be usurers. To withdraw his

protection from them would be to expose them to the popular hatred,

the danger from which had been the justification of the relations that

had been established between Crown and Jewry after 1190, and still

existed. He chose the second alternative. In 1275 he issued a statute,

in which he absolutely forbade the Jews, as he had just forbidden

Christians,[115] to practise usury in the future. He gave warning

that usurious contracts would no longer be enforced by the king’s

officers, and he declared the making of them to be an offence for which

henceforth both parties were liable to punishment. To ensure that all

those contracts already existing should come to an end as quickly as

possible, he ordered that all movables that were in pledge on account

of loans were to be redeemed before the coming Easter.[116]

The expulsion of the Jews from England in 1290 · 第 14 / 22 题