In such circumstances it is not surprising that there should have been a popular outcry against extortion. Inspired by practical grievances, it found an ally, eloquent, if disarmed, in the teaching of the Church. The doctrine as to the ethics of economic conduct, which had been formulated by medieval Popes and interpreted by medieval Schoolmen, was rehearsed by the English divines of the sixteenth century, not merely as the conventional tribute paid by a formal piety to the wisdom of the past, but because the swift changes of the period in commerce and agriculture had, not softened, but accentuated, the problems of conduct for which it had been designed. Nor was it only against the particular case of the covetous money-lender that the preacher and the moralist directed their arrows. The essence of the medieval scheme of economic ethics had been its insistence on equity in bargaining—a contract is fair, St. Thomas had said, when both parties gain from it equally. The prohibition of usury had been the kernel of its doctrines, not because the gains of the money-lender were the only species, but because, in the economic conditions of the age, they were the most conspicuous species, of extortion.
In reality, alike in the Middle Ages and in the sixteenth century, the word usury had not the specialized sense which it carries today. Like the modern profiteer, the usurer was a character so unpopular that most unpopular characters could be called usurers, and by the average practical man almost any form of bargain which he thought oppressive would be classed as usurious. The interpretation placed on the word by those who expounded ecclesiastical theories of usury was equally elastic. Not only the taking of interest for a loan, but the raising of prices by a monopolist, the beating down of prices by a keen bargainer, the rack-renting of land by a landlord, the sub-letting of land by a tenant at a rent higher than he himself paid, the cutting of wages and the paying of wages in truck, the refusal of discount to a tardy debtor, the insistence on unreasonably good security for a loan, the excessive profits of a middleman—all these had been denounced as usury in the very practical thirteenth-century manual of St. Raymond;[[26]] all these were among the “unlawful chaffer,” the “sublety and sleight,” which was what the plain man who sat on juries and listened to sermons in parish churches meant by usury three centuries later. If he had been asked why usury was wrong, he would probably have answered with a quotation from Scripture. If he had been asked for a definition of usury, he would have been puzzled, and would have replied in the words of a member of Parliament who spoke on the bill introduced in 1571: “It standeth doubtful what usury is; we have no true definition of it.”[[27]] The truth is, indeed, that any bargain, in which one party obviously gained more advantage than the other, and used his power to the full, was regarded as usurious. The description which best sums up alike popular sentiment and ecclesiastical teaching is contained in the comprehensive indictment applied by his parishioners to an unpopular divine who lent at a penny in the shilling—the cry of all poor men since the world began—Dr. Bennet “is a great taker of advantages.”[[28]]
It was the fact that the theory of usury which the divines of the sixteenth century inherited was not an isolated freak of casuistical ingenuity, but one subordinate element in a comprehensive system of social philosophy, which gave its poignancy to the controversy of which it became the center. The passion which fed on its dusty dialectics was fanned by the conviction that the issue at stake was not merely a legal technicality. It was the fate of the whole scheme of medieval thought, which had attempted to treat economic affairs as part of a hierarchy of values, embracing all interests and activities, of which the apex was religion.
If the Reformation was a revolution, it was a revolution which left almost intact both the lower ranges of ecclesiastical organization and the traditional scheme of social thought. The villager who, resisting the temptations of the alehouse, morris dancing or cards, attended his parish church from 1530 to 1560, must have been bewildered by a succession of changes in the appearance of the building and the form of the services. But there was little to make him conscious of any alteration in the social system of which the church was the center, or in the duties which that system imposed upon himself. After, as before, the Reformation, the parish continued to be a community in which religious and social obligations were inextricably intertwined, and it was as a parishioner, rather than as a subject of the secular authority, that he bore his share of public burdens and performed such public functions as fell to his lot. The officers of whom he saw most in the routine of his daily life were the churchwardens. The place where most public business was transacted, and where news of the doings of the great world came to him, was the parish church. The contributions levied from him were demanded in the name of the parish. Such education as was available for his children was often given by the curate or parish schoolmaster. Such training in coöperation with his fellows as he received sprang from common undertakings maintained by the parish, which owned property, received bequests, let out sheep and cattle, advanced money, made large profits by church ales, and occasionally engaged in trade.[[29]] Membership of the Church and of the State being co-extensive and equally compulsory, the Government used the ecclesiastical organization of the parish for purposes which, in a later age, when the religious, political and economic aspects of life were disentangled, were to be regarded as secular. The pulpit was the channel through which official information was conveyed to the public and the duty of obedience inculcated. It was to the clergy and the parochial organization that the State turned in coping with pauperism, and down to 1597 collectors for the poor were chosen by the churchwardens in conjunction with the parson.
Where questions of social ethics were concerned, the religious thought of the age was not less conservative than its ecclesiastical organization. Both in their view of religion as embracing all sides of life, and in their theory of the particular social obligations which religion involved, the most representative thinkers of the Church of England had no intention of breaking with traditional doctrines. In the rooted suspicion of economic motives which caused them to damn each fresh manifestation of the spirit of economic enterprise as a new form of the sin of covetousness, as in their insistence that the criteria of economic relations and of the social order were to be sought, not in practical expediency, but in truths of which the Church was the guardian and the exponent, the utterances of men of religion in the reign of Elizabeth, in spite of the revolution which had intervened, had more affinity with the doctrines of the Schoolmen than with those which were to be fashionable after the Restoration.
The oppressions of the tyrannous landlord, who used his economic power to drive an unmerciful bargain, were the subject of constant denunciation down to the Civil War. The exactions of middlemen—“merchants of mischief ... [who] do make all things dear to the buyers, and yet wonderful vile and of small price to many that must needs set or sell that which is their own honestly come by”—were pilloried by Lever.[[30]] Nicholas Heming, whose treatise on The Lawful Use of Riches became something like a standard work, expounded the doctrine of the just price, and swept impatiently aside the argument which pleaded freedom of contract as an excuse for covetousness: “Cloake the same by what title you liste, your synne is excedyng greate.... He which hurteth but one man is in a damnable case; what shall bee thought of thee, whiche bryngest whole householdes to their graves, or at the leaste art a meanes of their extreame miserie? Thou maiest finde shiftes to avoide the danger of men, but assuredly thou shalte not escape the judgemente of God.”[[31]] Men eminent among Anglican divines, such as Sandys and Jewel, took part in the controversy on the subject of usury. A bishop of Salisbury gave his blessing to the book of Wilson; an archbishop of Canterbury allowed Mosse’s sharp Arraignment to be dedicated to himself; and a clerical pamphleteer in the seventeenth century produced a catalogue of six bishops and ten doctors of divinity—not to mention numberless humbler clergy—who had written in the course of the last hundred years on different aspects of the sin of extortion in all its manifold varieties.[[32]] The subject was still a favorite of the ecclesiastical orator. The sixteenth-century preacher was untrammeled by the convention which in a more fastidious age was to preclude as an impropriety the discussion in the pulpit of the problems of the market-place. “As it belongeth to the magistrate to punishe,” wrote Heming, “so it is the parte of the preachers to reprove usurie.... First, they should earnestly inveigh against all unlawfull and wicked contractes.... Let them ... amend all manifest errours in bargaining by ecclesiasticall discipline.... Then, if they cannot reforme all abuses which they shall finde in bargaines, let them take heede that they trouble not the Churche overmuche, but commende the cause unto God ... Last of all, let them with diligence admonishe the ritche men, that they suffer not themselves to be entangled with the shewe of ritches.”[[33]]
“This,” wrote an Anglican divine in reference to the ecclesiastical condemnation of usury, “hath been the generall judgment of the Church for above this fifteene hundred yeeres, without opposition, in this point. Poor sillie Church of Christ, that could never finde a lawfull usurie before this golden age wherein we live.”[[34]] The first fact which strikes the modern student of this body of teaching is its continuity with the past. In its insistence that buying and selling, letting and hiring, lending and borrowing, are to be controlled by a moral law, of which the Church is the guardian, religious opinion after the Reformation did not differ from religious opinion before it. The reformers themselves were conscious, neither of the emancipation from the economic follies of the age of medieval darkness ascribed to them in the eighteenth century, nor of the repudiation of the traditional economic morality of Christendom, which some writers have held to have been the result of the revolt from Rome. The relation in which they conceived themselves to stand to the social theory of the medieval Church is shown by the authorities to whom they appealed. “Therefore I would not,” wrote Dr. Thomas Wilson, Master of Requests and for a short time Secretary of State, “have men altogether to be enemies to the canon lawe, and to condempne every thinge there written, because the Popes were aucthours of them, as though no good lawe coulde bee made by them.... Nay, I will saye playnely, that there are some suche lawes made by the Popes as be righte godly, saye others what they list.”[[35]] From the lips of a Tudor official, such sentiments fell, perhaps, with a certain piquancy. But, in their appeal to the traditional teaching of the Church, Wilson’s words represented the starting-point from which the discussions of social questions still commonly set out.
The Bible, the Fathers and the Schoolmen, the decretals, church councils, and commentators on the canon law—all these, and not only the first, continued to be quoted as decisive on questions of economic ethics by men to whom the theology and government of the medieval Church were an abomination. What use Wilson made of them, a glance at his book will show. The writer who, after him, produced the most elaborate discussion of usury in the latter part of the century prefaced his work with a list of pre-Reformation authorities running into several pages.[[36]] The author of a practical memorandum on the amendment of the law with regard to money-lending—a memorandum which appears to have had some effect upon policy—thought it necessary to drag into a paper concerned with the chicanery of financiers and the depreciation of sterling by speculative exchange business, not only Melanchthon, but Aquinas and Hostiensis.[[37]] Even a moralist who denied all virtue whatever to “the decrees of the Pope” did so only the more strongly to emphasize the prohibition of uncharitable dealing contained in the “statutes of holie Synodes and sayings of godlie Fathers, whiche vehemently forbid usurie.”[[38]] Objective economic science was developing in the hands of the experts who wrote on agriculture, trade, and, above all, on currency and the foreign exchanges. But the divines, if they read such works at all, waved them on one side as the intrusion of Mammon into the fold of Christian morality, and by their obstinate obscurantism helped to prepare an intellectual nemesis, which was to discredit their fervent rhetoric as the voice of a musty superstition. For one who examined present economic realities, ten rearranged thrice-quoted quotations from tomes of past economic casuistry. Sermon was piled upon sermon, and treatise upon treatise. The assumption of all is that the traditional teaching of the Church as to social ethics is as binding on men’s consciences after the Reformation as it had been before it.
Pamphlets and sermons do not deal either with sins which no one commits or with sins that every one commits, and the literary evidence is not to be dismissed merely as pious rhetoric. The literary evidence does not, however, stand alone. Upon the immense changes made by the Reformation in the political and social position of the Church it is not necessary to enlarge. It became, in effect, one arm of the State; excommunication, long discredited by abuse, was fast losing what little terrors it still retained; a clergy three-quarters of whom, as a result of the enormous transference of ecclesiastical property, were henceforward presented by lay patrons, were not likely to display any excessive independence. But the canon law was nationalized, not abolished; the assumption of most churchmen throughout the sixteenth century was that it was to be administered; and the canon law included the whole body of legislation as to equity in contracts which had been inherited from the Middle Ages. True, it was administered no longer by the clergy acting as the agents of Rome, but by civilians acting under the authority of the Crown. True, after the prohibition of the study of canon law—after the estimable Dr. Layton had “set Dunce in Bocardo” at Oxford—it languished at the universities. True, for the seven years from 1545 to 1552, and again, and on this occasion for good, after 1571, parliamentary legislation expressly sanctioned loans at interest, provided that it did not exceed a statutory maximum. But the convulsion which changed the source of canon law did not, as far as these matters are concerned, alter its scope. Its validity was not the less because it was now enforced in the name, not of the Pope, but of the King.
As Maitland has pointed out,[[39]] there was a moment towards the middle of the century when the civil law was pressing the common law hard. The civil law, as Sir Thomas Smith assured the yet briefless barrister, offered a promising career, since it was practiced in the ecclesiastical courts.[[40]] Though it did not itself forbid usury, it had much to say about it; it was a doctor of the civil law under Elizabeth by whom the most elaborate treatise on the subject was compiled.[[41]] By an argument made familiar by a modern controversy on which lay and ecclesiastical opinion have diverged, it is argued that the laxity of the State does not excuse the consciences of men who are the subjects, not only of the State, but of the Church. “The permission of the Prince,” it was urged, “is no absolution from the authority of the Church. Supposing usury to be unlawfull ... yet the civil laws permit it, and the Church forbids it. In this case the Canons are to be preferred.... By the laws no man is compelled to be an usurer; and therefore he must pay that reverence and obedience which is otherwise due to them that have the rule over them in the conduct of their souls.”[[42]]