German Society at the Close of the Middle AgesBax, Ernest Belfort
History
German Society at the Close of the Middle Ages
Bax, Ernest Belfort
Germany -- Social conditions; Reformation -- Germany
"Item, the aforesaid Monopolia, Uniting, Combining, Associatings and
their Sellings have not now for the first time been found not to be
borne; but the same were regarded and known as very noxious to the
Commonweal, destructive and worthy to be punished, as aforetime by the
Roman Emperors and Jurisconsults, and more especially by the blessed
Emperor Justinian, so that such trespassers should be made to lose all
their goods, and moreover should be adjudged to eternal misery (exile)
from their own homes, as standeth written Lege Unica, Cod. de Monop.
Honorius also and Theodosius forbade those of noble birth and those of
the richer sort from harmful commerce; so that the common folk might
the more easily buy of the Merchants; and in the Reichstag at Köln
in 1512 the matter was much debated by the Emperor Maximilian, the
Electors, the Princes and the Estates, and the aforesaid increase in
the price of Wares was forbidden under great pains and penalties. The
decree of the Reichstag sayeth:--
"And since much great fellowship in Trade hath arisen within the Realm
in the last years, and also there be several and sundry persons who
venture to bring all kinds of Wares and Merchants' goods, such as
Spices, Arras, Woollen Cloth, and such-like into their own hand with
power to trade in them, to set or to make their own advantage out
of them, as it them pleaseth, and do greatly harm thereby the Holy
Empire and all Estates thereof, contrary to the Imperial written Law
and to all honesty: we have ordered and enacted for the furthering
of the common profit and according to necessity, and we do desire
that earnestly, and we will, that such noxious dealing be henceforth
forbidden, and that they abstain [from it], and that henceforth they
may [not] carry it on or exercise it. Those who shall do this contrary
to the aforesaid, their Goods and Chattels shall be confiscated
and fall to the Authority of the place. And the same Companies and
Merchants [shall] henceforth not be conducted [on their journeys] by
any authority in the Empire, nor shall it be lawful for such to do so
with whatsoever words, opinion or clauses the convoy hath been given.
Yet shall it not be forbidden to any man on this account to enter into
company with any other save only if he undertake to bring the Wares
into one hand and to place upon the Wares a worth according to his
own mind and pleasure; or shall pledge the buyer or seller to sell,
to give, or to keep such Wares to or for no man but himself, or that
he shall not give them save such wise as he hath agreed with him.
But when they, to whom it is permitted to pursue such trade, shall
seek to make an unbecoming dearness, the Authority shall with zeal
and earnestness forbid such dearness, and command an honest sale; but
where an Authority be careless, the Fiscal shall exhort the same to
perform his duty within the space of one month, failing such hath the
Public-domain text, read in full here on John Shaqi.
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