[66] Ibid., cap. iii.
[67] Ibid., Sexti Decretal, lib. v, tit. v, cap. i, ii.
[68] Ibid., Clementinarum, lib. v, tit. v, cap. i.
[69] The passages referred to in this paragraph are as follows: Corp. Jur. Can., Decretal. Greg. IX, lib. v, tit. xix, cap. ix, iv, x, xiii, xv, ii, v, vi.
[70] A Formulary of the Papal Penitentiary in the Thirteenth Century, ed. H. C. Lea, 1892, Nos. xcii, clxxviii (2), clxxix.
[71] Raimundi de Penna-forti Summa Pastoralis (Ravaisson, Catalogue Général des MSS. des Bibliothèques publiques des Departements, 1849, vol. i, pp. 592 seqq.). The archdeacon is to inquire: “Whether [the priest] feeds his flock, assisting those who are in need and above all those who are sick. Works of mercy also are to be suggested by the archdeacon, to be done by him for their assistance. If he cannot fully accomplish them out of his own resources, he ought, according to his power, to use his personal influence to get from others the means of carrying them out.... Inquiries concerning the parishioners are to be made, both from the priest and from others among them worthy of credence, who, if necessary, are to be summoned for the purpose to the presence of the archdeacon, as well as from the neighbours, with regard to matters which appear to need correction. First, inquiry is to be made whether there are notorious usurers, or persons reputed to be usurers, and what sort of usury they practise, whether any one, that is to say, lends money or anything else ... on condition that he receive anything above the principal, or holds any pledge and takes profits from it in excess of the principal, or receives pledges and uses them in the meantime for his own gain; ... whether he holds horses in pledge and reckons in the cost of their fodder more than they can eat ... or whether he buys anything at a much lower price than it is worth, on condition that the seller can take it back at a fixed term on paying the price, though the buyer knows that he (the seller) will not be able to do so; or whether he buys anything for a less price than it is worth, because he pays before receiving the article, for example, standing corn; or whether any one, as a matter of custom and without express contract, is wont to take payment above the principal, as the Cahorsines do.... Further, it is to be inquired whether he practises usury cloaked under the guise of a partnership (nomine societatis palliatam), as when a man lends money to a merchant, on condition that he be a partner in the gains, but not in the losses.... Further, whether he practises usury cloaked under the guise of a penalty, that is to say, when his intention in imposing a penalty [for non-payment at a given date] is not that he may be paid more quickly, but that he may be paid more. Further, whether he practises usury in kind, as when a rich man, who has lent money, will not receive from a poor man any money above the principal, but agrees that he shall work two days in his vineyard, or something of the kind. Further, whether he practises usury cloaked by reference to a third party, as when a man will not lend himself, but has a friend whom he induces to lend. When it has been ascertained how many persons in that parish are notorious for usury of this kind, their names are to be reduced to writing, and the archdeacon is to proceed against them in virtue of his office, causing them to be cited to his court on a day fixed, either before himself or his responsible official, even if there is no accuser, on the ground that they are accused by common report. If they are convicted, either because their offence is evident, or by their own confession, or by witnesses, he is to punish them as he thinks best.... If they cannot be directly convicted, by reason of their manifold shifts and stratagems, nevertheless their ill fame as usurers can easily be established.... If the archdeacon proceed with caution and diligence against their wicked doings, they will hardly be able to hold their own or to escape—if, that is ... he vex them with trouble and expense, and humiliate them, by frequently serving citations on them and assigning several different days for their trial, so that by trouble, expense, loss of time, and all manner of confusion they may be induced to repent and submit themselves to the discipline of the Church.”
[72] E. Martène and U. Durand, Thesaurus novus Anecdotorum, 1717, vol. iv, pp. 696 seqq.
[73] Pecock, The Repressor of over-much blaming of the Clergy, ed. C. Babington, 1860, pt. i, chap. iii, pp. 15-16. His words show both the difficulties which confronted ecclesiastical teaching and the attempts to overcome them. “I preie thee ... seie to me where in Holi Scripture is yoven the hundrid parti of the teching upon matrimonie which y teche in a book mad upon Matrimonie, and in the firste partie of Cristen religioun.... Seie to me also where in Holi Scripture is yoven the hundrid part of the teching which is yoven upon usure in the thridde parti of the book yclepid The filling of the iiij tables; and yit al thilk hool teching yoven upon usure in the now named book is litil ynough or ouer litle for to leerne, knowe and have sufficientli into mannis behove and into Goddis trewe service and lawe keping what is to be leerned and kunnen aboute usure, as to reeders and studiers ther yn it muste needis be open. Is ther eny more writen of usure in al the Newe Testament save this, Luke vi, ‘Geve ye loone, hoping no thing ther of,’ and al that is of usure writen in the Oold Testament favourith rather usure than it reproveth. How evere, therfore, schulde eny man seie that the sufficient leernyng and kunnyng of usure or of the vertu contrarie to usure is groundid in Holi Scripture? Howe evere schal thilk litil now rehercid clausul, Luke vi, be sufficient for to answere and assoile alle the harde scrupulose doutis and questiouns which al dai han neede to be assoiled in mennis bargenyngis and cheffaringis togidere? Ech man having to do with suche questiouns mai soone se that Holi Writt geveth litil or noon light thereto at al. Forwhi al that Holi Writt seith ther to is that he forbedith usure, and therfore al that mai be take therbi is this, that usure is unleeful; but though y bileeve herbi that usure is unleeful, how schal y wite herbi what usure is, that y be waar for to not do it, and whanne in a bargeyn is usure, though to summen seemeth noon, and how in a bargeyn is noon usure though to summen ther semeth to be?”
Pecock’s defence of the necessity of commentaries on the teaching of Scripture was the real answer to the statement afterwards made by Luther that the text, “Love thy neighbour as thyself,” was an all-sufficient guide to action (see Chap. II, p. [99]). Examples of teaching as to usury contained in books such as Pecock had in mind will be found in Myrc’s Instructions for Parish Priests (Early English Text Society, ed. E. Peacock and F. J. Furnivall, 1902), the Pupilla Oculi, and Dan Michel’s Ayenbite of Inwyt (Early English Text Society, ed. R. Morris, 1866).
[74] The Catechism of John Hamilton, Archbishop of St. Andrews, 1552, ed. T. G. Law, 1884, pp. 97-9. Under the seventh commandment are denounced: “Fyftlie, al thay that defraudis or spoulyeis the common geir, aganis the common weill for lufe of their awin pryvate and singulare weill. Saxtlie, all usuraris and ockiraris synnis aganis this command, that wil nocht len thair geir frelie, bot makis conditione of ockir, aganis the command of Christe. Sevintlie, all thay quhilk hais servandis or work men and wyll nocht pay theim thair fee or waige, accordyng to conditioun and thair deservyng, quilk syn, as sanct James sayis, cryis vengeance before God. Auchtlie, all thai that strykis cowyne of unlauchful metall, quhair throuch the common weil is hurt and skaithit. The nynte, all Merchandis that sellis corruppit and evyll stufe for gude, and gyf thay or ony uther in bying or sellyng use desait, falsate, parjurie, wrang mettis or weychtis, to the skaith of thair nychtbour, thay committ gret syn agane this command. Nother can we clenge fra breakyng of this command all kyndis of craftis men quhilk usis nocht thair awin craft leillalie and trewlie as thai suld do.... All wrechis that wyl be ground ryche incontynent, quhay be fraud, falset, and gyle twynnis men and thair geir, quhay may keip thair nychbour fra povertie and myschance and dois it nocht. Quhay takis ouer sair mail, ouer mekle ferme or ony blake maillis fra thair tennands, or puttis thair cottaris to ouir sair labouris, quhair throw the tenentis and cottaris is put to herschip. Quha invies his nychbouris gud fortune, ouir byis him or takis his geir out of his handis with fair hechtis, or prevenis him, or begyles him at his marchandis hand.” The detail in which different forms of commercial sharp practice are denounced is noticeable.