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Beggar Thy

Neighbor
A History of Usury and Debt

By Charles R. Geisst When he finally returned to Rome, he did found in almost all societies since antiq-
so a wealthy man. uity. Charging interest on loans is the
Seven years before the assassination The problem caused Cicero to coin a oldest financial practice. It has also been
of Julius Caesar, an acrimonious dispute name for the practice which became a decried almost from the beginning as
broke out between Marcus Tullius Cicero, cornerstone of Roman law. The story was predatory, with the lender seeking to take
at the time the provincial governor of told innumerable times over the next 1,800 advantage of the borrower. Whether loans
Cilicia, and Marcus Junius Brutus, a young years. The Roman historians dutifully were made in cash or in kind, unscrupu-
provincial Roman administrator. The elder recorded it, and Adam Smith alluded to lous lenders were said to be practicing a
statesman chided the younger man for it in the Wealth of Nations. According to beggar-thy-neighbor policy by ensuring
using his administrative post in Cyprus to Roman law, simple interest was permit- that the borrowers were disadvantaged to
earn ill-gotten gains at the expense of the ted, but compound interest was anathema. the point of losing their collateral, or in
local people. Cicero received reports that Compounding had been used in many extreme cases even losing their freedom
Brutus had been lending money in Cyprus ancient civilizations, but the Romans even- or families. Charging simple interest was
at four times the maximum rate stipulated tually made it illegal. By doing so, they also barely condoned, but charging compound
by Roman law. To make matters even established a tradition that would create interest was unscrupulous, immoral and
worse, he did it anonymously through an much confusion in the centuries to follow. rapacious. It was also practiced with near
agent who did not mind using strong-arm They did not make all interest illegal, only impunity.
tactics to collect the debts. When Cicero compound or accumulating interest. The problem was clear in the ancient
brought the matter to his attention, Brutus Prohibitions against excessive inter- world but became obscured over time.
ignored him and continued to lend money. est, or more properly usury, have been Over the centuries, usury prohibitions

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Bettmann/CORBIS

Bettmann/CORBIS
Left: Bust of Marcus Tullius Cicero (10643 bc), provincial governor of Cilicia,
who accused Brutus of using his administrative post in Cyprus to earn ill-
gotten gains at the expense of the local people through usury. Right: Statue
bust of Marcus Junius Brutus (8542 bc), who loaned money in Cyprus at four
times the maximum rate stipulated by Roman law.

became part of civil law, and that unwrit- world, but they remain at least partially Today, usury is considered excessive
ten law of nations generally referred to as illegal in many jurisdictions. Many Ameri- interest, but that definition is relatively
the natural law. But it was still practiced can states still retain laws against criminal new in historical terms. Originally, usura
widely and openly by the accursed money- interest, or loan-sharking. At the same time, was interest and its actual rate differed
lenders who quickly became part of legend it frequently is ignored in the same places from place to place. The debate over it
and literature. This uneasy combination with impunity and only becomes the center was intense. Excessive interest in many
of theory and practice is partially respon- of attention in poor economic climates or in ancient societies was interest on interest,
sible for the uneven patterns of economic times of capital shortage or high inflation. or usurae usararum, which added to the
development found in Europe from the Perhaps that is why it has remained part of principal of an unpaid loan. In the ancient
decline of Rome to the Reformation. In the universal canon of proscribed practices. world and Middle Ages especially, this
the early Middle Ages especially, all inter- Usury prohibitions firmly are part of the was anathema. The tribal tradition of the
est was considered usury by the church. natural law tradition, in that natural law Hebrews prohibiting Jews from lending to
Compound interest became Jewish inter- specifies what cannot be done. Since the fall each other at interest was cited by medi-
est, suggesting that it had dark, magical, of Rome, there have been more centuries eval churchmen as the major Old Testa-
non-Christian qualities that could be used characterized by what is known as capital ment source for proscribing all interest,
for expropriation by the lender, consid- shortage than there have been of periods of not just simple interest. The great irony
ered a societal outsider. sustained growth and general prosperity. It was that Jews were exempt from lending
Through its long history, interest and is not a coincidence that the outcry against to gentiles and accepted as moneylenders
usury have gone from being anathema to usury has been most shrill during those dif- by the church in the Middle Ages. That
being big business in the contemporary ficult times. loophole allowed them to compete with

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the Lombards and Cahors who about the future value of a
were allowed to lend at interest. unit of currency and, most
In medieval Europe, these famously, how many rabbits
groups were the main mon- would be the result of an origi-
eylenders before the arrival nal pair, assuming continuous
of the Jews. Curiously, none rabbit compounding. But he
was condemned for it, and the avoided the usury issue, as did
Lombards were responsible for his equally-famous countryman
the development of the money Luca Pacioli two centuries later
markets in the 14th century. The when he discussed double entry
Italian bankers in particular bookkeeping. Fibonacci did,
became financiers to monarchs however, tackle the problem of
and princes as far north as Eng- debasing a currency, a politi-
land. Their experiences with cally correct topic in the 13th
Edward III in particular were century for kings and princes.
unpleasant, but their skills were There is a great temptation
highly sought after in countries to criticize various usury and
where the treasuries were either interest ceilings as being incon-
low on cash or management sistent over the centuries. The
skills. Despite the general ban on medieval church adopted a ban
interest, the moneylenders were on usury, similar to the one
tolerated and even occasionally in the Muslim world, only to

Michael Nicholson/Corbis
put the feet of monarchs to the see it circumvented with great
fire when the interest bill was frequency between the 12th and
overdue. Jewish lenders usu- 19th centuries. Different com-
ally were less fortunate. This mentators had sundry opinions
apparent contradiction can be on the subject, but all agreed
explained by a combination of Adam Smith, considered the father of free market that interest needed to be con-
tradition, religion and law. The economic theory, favored a ceiling on interest. trolled. Even Adam Smith, con-
Lombards were the barbarian sidered the father of free market
tribe that conquered Rome in economic theory, favored a ceil-
the sixth century; the Cahors for money lending because the Scholastics ing on interest. But as usury and
were the descendants of the Visigoths accepted Aristotles dictum that money was interest approached the 19th century, it
who settled in France. Neither group had sterile, having no intrinsic qualities other became more clear that there was a great
any provisions against interest or usury in than being used as a medium of exchange. deal of consistency in the way they were
their laws because both came from societ- It could not beget itself, and therefore usury treated, given the differences in cultures
ies that originally used barter or payment was not useful. Unknown (or ignored) and political motives of those opposed to
in kind rather than money. Natural law in was the discovery of Justinians Code in them. The tendency to abuse ones posi-
the late Roman Empire assumed a com- 1130. In it, the prohibition against anato- tion as a lender was recognized by most
monality among civilized societies, but cismus (Ciceros term) and alterum tan- commentators regardless of their political
that did not include barbarians. Neither tum compound interest. Normal rates of or moral position.
group had a tradition against usury; each interest were tolerated, but adding interest The term beggar thy neighbor today is
continued to pursue its newly-acquired to outstanding principal was banned. But used to describe an international trade prac-
money lending skills without interrup- medieval church law would not even admit tice where one nation attempts to establish
tion. No loud objection was heard until to ordinary interest despite the distinction advantage over its trading partners through
the Lombards were conquered by Char- between the two in Roman law. restrictive trade practices or policies. This
lemagne in 800, but by that time their Compound interest would not become derives from a mercantilist idea that owed
tradition was established. a math exercise until the Middle Ages, its origins to an era when colonial pow-
The barbarian invasions also relegated when the Italian mathematician Fibonacci ers exploited their far-flung colonies and
much of Roman law to the shadows of discussed compound interest questions ensured that they exported more than they
history until the general revival of learn- and puzzles. Because of the usury prohi- imported. Before the mercantilist period,
ing in the 17th century. When many books bition, he carefully avoided discussions however, the term was associated more
that had been missing for centuries reap- about loan values and instead focused on simply with borrowing and lending. The
peared, those of Aristotle became the main future value problems, an issue medieval Shylocks of the world exploited the Anto-
reference for many churchmen, including philosophers were not acquainted with nios, seeking to extract their pound of
Thomas Aquinas. This complicated matters and did not discuss. He posed questions flesh, when Christian principles demanded

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fairness and lenient lending policies. Equity in scope and sophistication, actually speci- writers cited scripture to illustrate the
and Christian charity suggested that lend- fied the maximum rate of interest that pitfalls of lending money. In early 19th-
ers should treat borrowers as brothers, lenders could charge borrowers. They did century Ireland, the Reverend Jeremiah
members of the same community. The idea not ban lending rates but only sought a OCallaghan refused the sacraments to a
was practiced only rarely. level of interest that was considered prac- dying man until he recanted his alleged
Shylock stood apart from that commu- tical and viable. usury, an incident that eventually got
nity; his religion and tradition were differ- To borrow an idea from Adam Smith, the priest banished to the wilds of north-
ent; he was allowed to lend to non-Jews, the more prosperous and wealthy a society, ern Vermont. When the Catholic Church
a well-known, widely-circulated biblical the lower its rate of interest. It has been finally reconsidered its ban on usury, it
fact. Coincidentally Portia, who success- suggested that the history of usury is noth- did so quietly through a letter by the pope
fully defended Antonio against Shylock in ing more than an exercise in intellectual to the Italian bishops in the 18th century,
Shakespeares court, was also the name of history. Accordingly, usury is an idea with not through a papal encyclical as would
Brutuss second wife, which was probably a long history, riddled with enigmas and have been expected. One hundred years
not a coincidence since Shakespeare was inconsistencies, that exists mostly in the later, the ban would politely be ignored.
well acquainted with Roman history. minds of economic historians. That is true, After centuries of condemnation, the lure
The lending tradition became a nasty but it ignores the subtext, which has proved of fixed income investment returns finally
circle of recrimination and counter- to be one of the most powerful notions in all became too great to resist.
recrimination that lasted for centuries. societies for 3,000 years. As part of general Despite the colorful vignettes, it has
Lenders and early bankers, whether natural law, it reflects societal notions of always been easier to denounce the prac-
they were Jews, Lombards, Cahors or fairness and equity that have transcended tice than actually pass a useful usury law.
the Templars, realized that their finan- ancient, medieval and modern societies. When the British government finally abol-
cial expertise and alien status in many The power of interest, and especially com- ished its usury laws in the early 19th cen-
European societies made them subjects of pound interest, cannot be understated. tury, many of the arguments in the debate
envy, derision and ultimately retaliation Usury and interest have been con- later surfaced in the United States. Banning
from many hard-pressed sovereigns. As a demned together for centuries, although usury was bad for business and, therefore,
result, many of them charged compound it is not always clear whether critics dis- the usury laws should be abolished. No one
interest to compensate for their business tinguished, or even understood, the differ- could forcibly argue against the point, but
risk or disguised interest charges as hid- ences between the two. Compound inter- no one could totally agree either, given the
den, discounted fees. The risks they faced est has commanded little discussion by abuses to which lenders often subjected
were more than simple counter-party risk itself until recently. John Maynard Keynes borrowers. Advocates of maintaining a
because they could be expelled from their recognized the problems compound inter- ban often cited the Old Testament, and it
homes, sent to the Inquisition or expro- est would cause for Germany in paying became a major source of speech material
priated. The fact that many well-known World War I reparations. Albert Einstein for legislators in the 19th century.
bankers in northern Europe prior to the reputedly called it the eighth wonder of While much of it sounded like hell, fire
Renaissance came from distant locales the world for its ability to produce future and brimstone, the laws that subsequently
attests to the fact that foreigners were values far in excess of present value. The followed sounded very tame in compari-
often sought as lenders precisely because English clergyman Richard Price tried to son. Usury laws lived on in the United
borrowers could default on loans to them use compound interest to retire the siz- States for another 100 years. The fact that
without much fear of reprisal. able British national debt in the 18th cen- a major credit crisis followed within a few
The history of usury usually has been tury. American lenders are now required decades did not seem to faze proponents of
divided into a general discussion sur- to state the annual percentage rate they leverage and free market interest rates who
rounding borrowing and lending on the charge customers on unpaid balances, apparently were not aware that the South
one hand and the legal treatment of usury but the rates themselves have been left Sea Bubble, the Crash of 1929 and most of
by various societies on the other. Since untouched by federal regulators. In the the American panics of the 19th and 20th
the early years of the Roman monarchy, early 1980s, several large American banks centuries all were caused by excessive bor-
through the republic and ending with the went to great lengths and expense to rowing and high leverage that spilled over
empire, Rome always had what is known establish credit card facilities in states with into the equities markets.
as statutory usury. Laws governing inter- no functional usury laws in order to avoid
est were embodied in the law, at first in potential prosecution for charging high
Charles R. Geisst is Ambassador Charles
the Twelve Tables and then later in Justin- interest rates, ratcheted even higher by
A. Gargano Professor at Manhattan Col-
ians Code and Digest. The latter incor- daily or monthly compounding.
lege and the author of 19 books.
porated the writings of many prominent There has been a clear distinction
rhetoricians and philosophers, so together between misgivings about usury and the Reprinted from Beggar Thy Neighbor: A
they were an excellent compilation of the law of usury. The misgivings certainly History of Usury and Debt by Charles R
major ideas on usury in Rome for the have been more colorful. Dante relegated Geisst with permission from University of
previous centuries. These laws, different usurers to the inferno while numerous Pennsylvania Press. 2013.

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