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.
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.