An Essay on Mediæval Economic TeachingO'Brien, George
History
An Essay on Mediæval Economic Teaching
O'Brien, George
Economics -- History -- To 1800; Property -- History -- To 1500
We can find no trace of any legal prohibition of usury in ancient
Greece. Although Solon's laws contained many provisions for the relief
of poor debtors, they did not forbid the taking of interest, nor did
they limit the rate of interest that might be taken.[1] In Rome the
Twelve Tables fixed a maximum rate of interest, which was probably
ten or twelve per cent, per annum, but which cannot be determined
with certainty owing to the doubtful signification of the expression
'_unciarum foenus_.' The legal rate of interest was gradually reduced
until the year 347 B.C., when five per cent, was fixed as a maximum.
In 342 B.C. interest was forbidden altogether by the Genucian Law;
but this law, though never repealed, was in practice quite inoperative
owing to the facility with which it could be evaded; and consequently
the oppression of borrowers was prevented by the enactment, or perhaps
it would be more correct to say the general recognition, of a maximum
rate of interest of twelve per cent. per annum. This maximum rate--the
_Centesima_--remained in operation until the time of Justinian.[2]
Justinian, who was under the influence of Christian teaching, and who
might therefore be expected to have regarded usury with unfavourable
eyes, fixed the following maximum rates of interest--maritime loans
twelve per cent.; loans to ordinary persons, not in business, six per
cent.; loans to high personages (_illustres_) and agriculturists, four
per cent.[3]
[Footnote 1: Cleary, _The Church and Usury_, p. 21.]
[Footnote 2: Hunter, _Roman Law_, pp. 652-53; Cleary, _op. cit._, pp.
22-6; Roscher, _Political Economy_, s. 90.]
[Footnote 3: _Code_ 4, 32, 26, 1.]
While the taking of interest was thus approved or tolerated by Greek
and Roman law, it was at the same time reprobated by the philosophers
of both countries. Plato objects to usury because it tends to set one
class, the poor or the borrowers, against another, the rich or the
lenders; and goes so far as to make it wrong for the borrower to repay
either the principal or interest of his debt. He further considers
that the profession of the usurer is to be despised, as it is an
illiberal and debasing way of making money.[1] While Plato therefore
disapproves in no ambiguous words of usury, he does not develop the
philosophical bases of his objection, but is content to condemn it
rather for its probable ill effects than on account of its inherent
injustice.
[Footnote 1: _Laws_, v. ch. 11-13.]
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