German writers have, for instance, maintained that,
alongside of the canonist doctrine with regard to trade,
there existed in mediaeval Europe a commercial law,
recognised in the secular courts, and altogether opposed
to the peculiar doctrines of the canonists. It
is true that parts of mercantile jurisprudence, such
as the law of partnership, had to a large extent originated
in the social conditions of the time, and would have
probably made their appearance even if there had been
no canon law or theology. But though there were
branches of commercial law which were, in the main,
independent of the canonist doctrine, there were none
that were opposed to it. On the fundamental points
of usury and just price, commercial law in the later
Middle Ages adopted completely the principles of the
canonists. How entirely these principles were
recognised in the practice of the courts which had
most to do with commercial suits, viz. those of
the towns, is sufficiently shown by the frequent enactments
as to usury and as to reasonable price which are found
in the town ordinances of the Middle Ages; in England
as well as in the rest of Western Europe....
Whatever may have been the effect, direct or indirect,
of the canonist doctrine on legislation, it is certain
that on its other side, as entering into the moral
teaching of the Church through the pulpit and the
confessional, its influence was general and persistent,
even if it were not always completely successful.’[2]
’Every great change of opinion on the destinies
of man,’ says Ingram, ’and the guiding
principles of conduct must react in the sphere of material
interests; and the Catholic religion had a profound
influence on the economic life of the Middle Ages....
The constant presentations to the general mind and
conscience of Christian ideas, the dogmatic bases
of which were as yet scarcely assailed by scepticism,
must have had a powerful effect in moralising life.’[3]
According to Dr. Cunningham: ’The mediaeval
doctrine of price was not a theory intended to explain
the phenomena of society, but it was laid down as the
basis of rules which should control the conduct of
society and of individuals. At the same time
current opinion seems to have been so fully formed
in accordance with it that a brief enumeration of
the doctrine of a just price will serve to set the
practice of the day in clearer light. In regard
to other matters, it is difficult to determine how
far public opinion was swayed by practical experience,
and how far it was really moulded by Christian teaching—this
is the case in regard to usury. But there can
be little doubt about the doctrine of price—which
really underlies a great deal of commercial and gild
regulations, and is constantly implied in the early
legislation on mercantile affairs.’[4] The same
author expresses the same opinion in another work:
’The Christian doctrine of price, and Christian
condemnation of gain at the expense of another man,
affected all the mediaeval organisation of municipal