CHAPTER XXXVI.

USURY IN HISTORY.

It would require volumes to fully present the history of usury. A very

brief summary must suffice in this place. Yet this synopsis may serve

as a guide to those who may wish to pursue the investigation further

and who have access to any considerable library of general and

ecclesiastical history.

The exacting of usury has always been more or less practiced, and

there has always been a contention against it as impolitic and wrong.

In heathendom the philosophers and economists and common people were

usually arrayed against it, and the voice of christendom has been

practically unanimous in its denunciation until the 17th century. (For

History of Usury in the Church, see Chapter X.)

Greece: Greece had no laws forbidding usury. The trade in money was

left, like the trade in every thing else, without legal restraint. The

law declared that the usurer should not demand a higher rate than that

fixed by the original contract; it also advised "Let the usury on

money be moderate." One per cent. per month was the usual rate.

There were among the Greeks at various times thoughtful men, who

violently opposed the taking of increase. Solon, of aristocratic

blood, but with strong sympathies for the oppressed classes, led a

Nehemiah-like reformation. Solon was wise and patriotic. His name is a

synonym for unselfish devotion to the public good. He was given

authority in Greece in times of great financial distress. Debts were

increasing. Mortgage stones were erected at the borders of each tract

of land, giving the name of the creditor and the amount of his claim.

The interest could not be paid. Interest taking had concentrated the

wealth and power of the state in a few hands. The farmer lost all hope

and was only a laborer on the farm he once owned. The debtor who had

no farm to work for his creditor was yet in a worse condition; he was

the mere slave of his creditor and could be sold by him. The free

farmers were fast disappearing. The most of them were struggling with

miserable poverty. Solon at once came to the relief of this suffering

class. He released those who were enslaved and brought back those who

had been sold abroad. The great work of Solon for this oppressed class

has caused his name to be revered by all who have studied the history

of his times.

Plato opposed usury, but he does not give extended reasons. Also the

philosopher, Aristotle. His name is yet illustrious in the departments

of natural and moral science and economics. With regard to usury he

said: "Of all modes of accumulation, the worst and most unnatural is

interest. This is the utmost corruption of artificial degeneracy;

standing in the same relation to commerce that commerce does to

economy. By commerce money is perverted from the purpose of exchange

to that of gain; still this gain is occasioned by the mutual transfer

of different objects; but interest, by transferring merely the same

object from one hand to another generates money from money, and the

product thus generated is called offspring (toxos) as being precisely

the same nature as that from which it proceeds."

Rome: In the early ages of Rome there were no laws regulating the

loans of money. The practice was common and was one of the most

frequent subjects of popular complaint. In the celebrated secession of

the lower classes of the people to Mons Sacer, when civil strife and

fraternal bloodshed was threatened, the loudest outcry was against the

oppression of exhorbitant interest exacted by wealthy citizens of

those who were obliged to borrow. The common rate was twelve per cent.

per annum. This is inferred from the fact that six per cent. was

called half interest and three per cent. one-fourth interest.

The early records of Rome prove conclusively the odium attached to the

business of money-lending for profit. In the codification of laws in

the fifth century B.C. the rate of usury was fixed at one per cent.

per month. This limitation of usury was enacted after a long and

bitter contest between the rich lenders and the poorer classes.

A compromise seems to have been made in the assigned punishments. The

laws for the collection of debts and the punishment of exacting more

than the law permitted were alike extremely cruel.

The creditors of an insolvent debtor were given the power of cutting

his body in pieces and the power of selling his children into slavery.

The penalty of taking more than this legal interest was punished with

more severity than theft. The thief must restore double, but the

usurer must restore fourfold. This we learn from Cato's treatise on

"Agriculture." Cato's own opinion of usury is shown in the answer

which he made when he was asked what he thought of usury, his reply

was, "What do you think of murder?"

Nearly a hundred years later the Licinian law forbade all increase. A

little later we find the one-half of one per cent. permitted by law.

Then under Sylla the legal rate is made three per cent. In the time of

Antony and Cleopatra it is four per cent. For a time there was utter

confusion and intolerably oppressive rates prevailed. Horace, in his

Satires, speaks of one lending at sixty per cent. In the reign of

Tiberius Cæsar, Rome was again shaken with another usury sedition, an

uprising of the people against the usurers. The law was finally

adjusted in the Justinian Code, by a compromise permitting six per

cent. and severely restraining the exorbitant rates.

Three hundred and twenty-three years B.C., Livy speaks of a creditor

who kept his debtor in irons, claiming, besides the debt, the interest

which he exacted with greatest severity. It was soon after decreed

that this cruelty should end and that no citizen should be placed in

irons or sold into slavery for debt.

At the close of the republic the rate was twenty-four per cent.

England: In the earliest periods of which we have any records we find

that the doctrine, that letting money to hire was sinful, prevailed

universally over the island of Great Britain. It was the prevailing

opinion that interest, or usury, as it was then called, was unjust

gain, forbidden by divine law, and which a good Christian could

neither receive nor pay. In common law the practice of taking increase

was classed among the lowest crimes against public morals. So odious

was it among Christians that the practice was confined almost wholly

to the Jews, who did not exact usury of Jews but of the Christians.

The laws of King Alfred, about 900 A.D., directed that the effects of

money-lenders upon usury should be forfeited to the king, their lands

to the lords under whom they were held, and they should not be buried

in consecrated ground.

By the laws of Edward the Confessor, about 1050 A.D., the usurer

forfeited all his property and was declared an outlaw and banished

from England. In the reign of Henry II, about the close of the

twelfth century, the estates of usurers were forfeited at their death

and their children were disinherited.

His successor, Richard I, was yet more severe, forbidding the usurers

attending his coronation, nor would he protect them from mob violence.

During the thirteenth century the severities against the usurers were

not relaxed. King John confiscated their gathered wealth without

scruple. It is recorded that he exacted an enormous fine of a Jew in

Bristol for his usuries, and when the Jew refused to pay he ordered

one of his teeth to be drawn daily until he should pay. The Jew is

said to have endured the pulling of seven, but then weakened and paid

the fine.

Henry III was equally harsh and severe in his measures. He exacted all

he could and then turned them over to the Earl of Cornwall. "The one

flayed and the other emboweled." It is written in the chronicles of

England, 1251 A.D., "By such usurers and licentious liurs as belong to

him, the realme had alreadie become sore corrupted."

In the fourteenth century, under the three Edwards, the taking of

interest was an indictable offence and Edward III made it a capital

crime.

In the fifteenth century, under Henry VII, the penalty was fixed at

one hundred pounds and the penalty of the church added, which was

excommunication.

Attorney General Noy, in the reign of James I, thought the taking of

money by usury was no better than taking a man's life. He said:

"Usurers are well ranked with murderers."

In the sixteenth century, under Henry VIII, it was enacted that all

interest above ten per cent. was unlawful. Less was not collectable by

law, but was not a punishable offence.

Edward VI revived the old laws condemning all interest.

Mary I, next following, executed these laws with extreme severity.

Elizabeth restored the laws of Henry VIII, in which usury less than

ten per cent. was not a punishable offence. This edict of Elizabeth

adds: "In the interpretation of the law it shall be largely and

strongly construed for the repression of usury."

This law of Henry VIII and Elizabeth, with the rate of interest

reduced, was the statute law of England until 1854, when all the usury

laws were repealed.

In 1694 William and Mary II entered into a contract to secure a

permanent loan and pledged the kingdom to pay interest on it forever.

The loan marked the turning point in the popular mind with regard to

usury. As it was approved in their necessity by the king and queen at

the head of the Protestant world, ecclesiastics began to shift their

ground and to apologize for, and excuse, that which had been formerly

unequivocably condemned. As the crown was the head of both the church

and the state, the condemnation of usury seemed tinged both with

disloyalty and heresy. The courts too began to modify their decisions

to bring them into harmony with the action of the crown.

The change in the usury laws were not made by enactments of

Parliament, but by the decisions of courts. The precedents were

gradually accumulated and the statutes were merely made to conform to

them.

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