Published online by Cambridge University Press: 29 July 2016
Since the turn of the century, historians have shown considerable interest in the origins of a capitalistic outlook in Europe. The Werner Sombart - Max Weber debate indicated that Europe had experienced the ‘emergence of a unique mental attitude towards economic activity’ sometime between the later Middle Ages and the beginning of the modern era. The importance of Max Weber's Protestant Ethic (1904) to the literature on the spirit of capitalism needs little commentary, since a clutter of expository works on his thesis already exists. Weber's Ethic gave rise to three schools of opinion concerning the period during which capitalistic attitudes began to flourish. One group of historians, still dominant, has claimed that new economic values first appeared in the course of the sixteenth century, especially in Calvinist portions of Europe. Another set of students has disagreed, finding that spokesmen truly began to assert these ideals later, in seventeenth-century forms of Puritanism or in eighteenth-century expressions of individualism. The third interpretation declares that an altered scheme of economic values appeared during the Renaissance and later Middle Ages. The mass of material produced by the first two schools has all but obliterated the small but significant literature of the third. Sufficient evidence is now available, however, to warrant a fresh evaluation of the formative stages of this change. The purpose of this essay, then, is three-fold: it intends to outline the present state of scholarly opinion about the earliest appearance of new economic attitudes, to offer a new survey of the evidence from a different perspective, and, finally, to suggest causes for the change.
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3 One work, already in its fourth printing, can serve as an example of the hundreds of books expressing the views of this first school of thought: Whittaker, E., Schools and Streams of Economic Thought (Chicago 1960). Heckscher, E. F., Mercantilism , trans. Shapiro, M., rev. ed. (London 1955) II 154 declares, ‘Since Max Weber's famous essays made their appearance shortly after the beginning of this century, historians have usually given the Puritan ideal of labour first place in the treatment of the spiritual revolution in the economic sphere.’ Robinson, H. M., Aspects of the Rise of Economic Individualism (New York 1959) 50 also notes that for a long time the leading economic historians, with the exception of Henri Pirenne, accepted some form of the Weber thesis.Google Scholar
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11 Sombart, , Quintessence 243 summarized the scholastic position as saying, ‘Don't prevent money from becoming capital.’ Google Scholar
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13 Ibid. 2–21.Google Scholar
14 Ibid. 22.Google Scholar
15 Ibid. 17–8.Google Scholar
16 Ibid. 18–34.Google Scholar
17 Ibid. 25.Google Scholar
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20 Ibid. 434: ‘Thus the economic outlook of the Florentine Renaissance became what one might term the first approach to a mercantilist attitude.’ Google Scholar
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25 Ibid. 60–1, 63, 85, 103.Google Scholar
26 Ibid. 361 ff.Google Scholar
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35 Ibid. 311.Google Scholar
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41 Gobbi, , L'Economia politica 2–3 suggests that a different approach to economic theory becomes apparent after 1550. Gobbi, commenced his treatment of sixteenth-century economic theorists (pp. 6 ff.) with a treatise of the year 1556. Ferguson, , Articulate Citizen 341 ff. also implies that 1550 began a new economic era in England. An abundant bibliography could easily be amassed for justifying the mid-sixteenth century as a turning point in the development of economic thought. Bining, A. C. and Cochran, T. C., The Rise of American Economic Life (4th ed.; New York 1964) 11 describe mercantilism as ‘a system of economic nationalism.’ Economic nationalism is more suggestive of the wide variations in emphasis whether for bullion, manufacturing, trade, finance, or agriculture which each contemporary political economist could suggest according to circumstances of his nation or territory. After 1550, the state stands at the forefront of economic theory. See above, note 39. De Roover, R., Quart. J. of Econ. 69. 177–178 observes that in the later 1500s mercantilism employed the concept of the common good; Professor De Roover believes that such rhetoric really veiled the greed of private interests. More likely it reflected the growing interest on the part of economic theorists in government's role in the economy. The following items are worth consulting in this regard. Ehrenberg, R., Capital and Finance in the Age of the Renaissance , trans. Lucas, H. M. (London 1928) 13 ff., 21, 23; Robertson, , Aspects 66, 86; Neff, , Doctrines 51, 55–6.Google Scholar
42 Governments, when they spoke, naturally reflected a governmental position. If one selects only government papers, one can see mercantilism, or economic nationalism, developing since 1300 at least. For Florence see Baron, , S. Atlant. Quart. 38.431–435. The government of Venice in an act of 1339 said: ‘Cum inter alia sit principaliter habendus respectus ad conservationem, augmentum, et bonum nostrorum, qui merchatorio more conversantur per varias partes mundi, cum in hoc consistat conditio status nostri …. ’ This statement is quoted in Queller, D. E., Early Venetian Legislation on Ambassadors (Genève 1966) 13 n. 4. For fifteenth-century English practice see Ferguson, , Articulate Citizen 106. According to Garin, E., La cultura filosofica del Rinascimento Italiano (Firenze 1961) 14 Coluccio Salutati, chancellor of Florence, stated in 1381 concerning merchants: ‘hoc genus hominum necessarium profecto societati mortalium, et sine quibus vivere non possemus …. ’ The point of our paper is that by 1550 various types of literature, apart from governmental decrees and position papers, had already made economic nationalism and economic individualism attractive.Google Scholar
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62 Ibid. 3. pt.2.2 (p. 217).CrossRefGoogle Scholar
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79 De Lagarde, , Naissance III 51. See also pages 64, 72, 108–112. During the thirteenth century intellectuals established the concept of nature as a criterion of morality and anticipated some aspects of Renaissance philosophy. Probably under this impulse the Roman de la Rose declared, ‘Trop est povretez laide chose.’ Heer, Friedrich, The Intellectual History of Europe , Trans. Steinberg, J. (New York 1968) I 288 ff. and 302 ff. outlines the anti-monastic, anti-poverty, and anti-contemplative side of humanist thought. See also Hay, Denys, The Italian Renaissance in Its Historical Background (Cambridge England 1966) 125–29.Google Scholar
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85 Baron, Hans, ed., Leonardo Bruni Aretino, Humanistisch-philosophische Schriften (Leipzig 1928). For Bruni's advocacy of the active life see pages 114, 115, 120.Google Scholar
86 Ibid. 114–115. Heckscher, , Mercantilism II 270 declares that the ancients contributed little to early modern economic theory. Yet the little in the way of economic sentiment—for example, expressions of economic self-interest by Cicero, and Seneca, —had a considerable impact on the early humanists.Google Scholar
87 Baron, , Bruni 120.Google Scholar
88 Garin, , La cultura filosofica 65.Google Scholar
89 Rational control of the world became a theme in the writings of many Renaissance figures. See Bec, , Les marchands écrivains pt. II ch. 3. Green, L., 'Critical Interpretations in Fourteenth-Century Chroniclers, Florentine, 'Journal of the History of Ideas 28 (1967) 170 ff. indicates that such control became an important theme in contemporary histories. See also Guicciardini, Francesco, Maxims and Reflections of a Renaissance Statesman , ed. Domandi, M. (New York 1965) 35 ff.; Garin, , Italian Humanism 29 ff. and 61 ff.; Saitta, , Pensiero I 259 and II 418; Kristeller, P. O., Eight Philosophers of the Italian Renaissance (Stanford 1964) 27–32. In Renaissance artistic motifs Renouard, Les hommes d'affaires 248–49 points out that artists depicted merchants as guiding the chancy ship of Fortune; no longer, that is, did it drift under Fortune's guidance. Lopez, R. S. would disagree with this view. See his ‘Hard Times and Investment in Culture,’ The Renaissance: Six Essays (New York 1962) 29–54 and especially 49. Parker, J., ed., Merchants and Scholars (Minneapolis 1965) 3–5 discusses the significant relationship of humanistic scholarship to exploration, geography, and economic expansion. Two studies contained in Parker's volume are worthy of mention: Goldstein, T. ‘Geography in Fifteenth-Century Florence’ (11–32) and Hirsch, E. F., ‘The Discoveries and the Humanists’ (35–46 and especially p. 37). Heer, , Intellectual History I 288 ff. and especially 291 comments upon the appearance of themes of control and progress during the Renaissance. The importance of Cicero in establishing the value of an active life for the late Middle Ages and early Renaissance has been pointed out by Baron, H., ‘Cicero and the Roman Civic Spirit in the Middle Ages and the Early Renaissance,’ in Lordship and Community in Medieval Europe , ed. Cheyette, Frederic L. (New York 1968) 293–94, 296–310. Baron, H., ‘The Historical Background of the Florentine Renaissance,’ History n. s. 22 (1937–1938) 315–27 states that the humanists considered an active and social life to be the only truly human life. Rice, , Idea of Wisdom viii–lx 30 comments upon the secular and activist tinge to the ideal of wisdom; efforts were made to tie wisdom more closely to civic virtue and to active political and business life. See note 84 above. Martines, L., The Social World of the Florentine Humanists 1390–1460 (Princeton, New Jersey 1963) 296 contends, however, that the ideal of the vita operosa suffered in the later-fifteenth century.Google Scholar
90 Palmieri, Matteo, Della vita civile in Biblioteca Enciclopedica 381–82: ‘… che tutto il vulgo, e la meno scelta parte del popolo s'affatichi e faccia pro cumune della repubblica. Chi fosse ozioso, ed inerte in modo che nocesse e desse danno nella città, se non è da giusta cagione impedito, sia costretto all' opera o veramente mandato fuori, acciocche la città si purghi della nociva plebe.’ See also Martines, , Social World 31.Google Scholar
91 Palmieri, , Vita civile 382: ‘Nell’ infirma plebe basti solo il vitto necessario che dì per dì coi loro esercizi s'acquistano: nella più scelta parte del popolo, le molte ricchezze fanno abbondante e copiosa la città, e per vari modi conducono utilità grandissime.' Google Scholar
92 Ibid. 382. Such evil arti must be avoided: ‘… inutili… e ministre di non necessario diletto; come taverne, cuochi, venditori di liscio, scuole di balli o d'altre lascivie, e di qualunque giuoco di dadi.’ Google Scholar
93 Robbins, C., ‘Influence or Coincidence—A Question for Students of Machiavelli?’ Renaissance News 14 (1961) 244 finds Machiavelli's secular attitude to church and clergy, his views on population, and his ‘firmly if not fully developed mercantilist attitude towards colonies …’ influential upon or coincidental with ideas pervasive in Europe until the French Revolution. She also finds (p. 248) that the ‘… theory of mercantilism … was in some particular aspects anticipated by Machiavelli …. ’ Of course, Machiavelli was influential in setting forth the harsher aspects of statecraft for economic nationalism, but others had anticipated him. Robertson, , Aspects 59 also notes the economic man in Machiavelli. See Saitta, , Pensiero III 397 and Arias, G., ‘II pensiero economico de Niccolò Machiavelli,’ Annali di Economia 4 (1928) 1–13. Garin's, Filosofi 265–66 discusses the economic and social views of Platina (1421-ca. 1470s) and his hard Machiavellian tone. See also Breglia, A., 'A proposito di Botero, G. “economista”,' Annali di Economia 4 (1928) 87–128; Fanfani, , Storia delle dottrine 145.CrossRefGoogle Scholar
94 Previté-Orton, , Opera Inedita: regulation of marriage (p. xxxii); peasants regarded as state slaves (p. xxxiii); idleness and idle paupers forbidden (p. 351); a special lay magistracy (p. xxxiii); young boys brought up on labor (p. 340); the city should be wealthy but the people only moderately so (p. 344). See also note 122 above for reference to the somewhat systematic nature of Leon Battista Alberti's economic thought.Google Scholar
95 Schumpeter, J. A., History of Economic Analysis (New York 1954) 159–61 discusses the role of such ‘consultant administrators’ and ‘pamphleteers’ during and after the fifteenth century. Ferguson, , Articulate Citizen 336 cites the work of Vives as having great influence upon the formation of the English poor law of 1536. See also Cossa, , Political Economy 154–55 and Grau, J. G., ‘La doctrina social de Juan Luis Vives,’ in Estudios de historia social de España (Madrid 1952) II. Taylor, J., ‘Copernicus on the Evils of Inflation and the Establishment of a Sound Currency,’ Journal of the History of Ideas 16 (1955) 540–47 discusses the surprisingly advanced character of Copernicus' analysis of national currencies.Google Scholar
96 Ferguson, , Articulate Citizen 279.Google Scholar
97 Baron, H., ‘Fifteenth-Century Civilization and the Renaissance,’ chapter 2 of The New Cambridge Modern History I: The Renaissance 1493–1520 (Cambridge, England 1957) 55–56 declares that after the 1490s and especially after the 1520s Renaissance views on history, politics, and social problems ‘were reaching England in an uninterrupted stream.’ Google Scholar
98 An anonymous treatise perhaps authored by Fitzherbert, John entitled Here begynneth a new tract or treatyse moost profytable for all husbande men (London: Pynson, R., 1523) in University Microfilms (Ann Arbor, Michigan) collection of English Books 1475–1640 reel 42 no. 1166 declared in its prologue (fol. Aii.): ‘… a man is ordeyned and borne to do labour as a byrde is ordayned to flee.’ It further noted, ‘… every man from the hyest degre to the lowest is set and ordeyned to have labour and occupacyon …. ’ Heilbroner, R., The Quest for Wealth (New York 1956) 136 believes that capitalism only appears in the seventeenth century when, with the influence of the Protestant ethic, the notion of the ‘working rich’ appeared. Obviously, it made its appearance long before this. de Guevara, Antonio, A dispraise of the life of a courtier and a commendacion of the life of the labourying man, trans. Bryant, F. (Grafton, R. 1548) in English Books reel 50 no. 1262, represents a translation of a Catholic continental treatise. Folio Eii declares that while the court is ‘doying nothying,’ one might be in a village to ‘exercise himself to his honor, and to the helth of his body and profite of his neighbour.’ Google Scholar
99 Robertson, , Aspects 13 ff. remarks on sixteenth-century insistence on the rights of the ‘publike state.’ There were some exceptions, such as Pierre Gringore, Castell of Laboure , trans. Barclay, A. (Pynson, R. 1505?) in English Books reel 20 no. 685. This tract condemns sloth and recommends diligence and industry; ‘Thou must be besye in every hour…,’ it added (fol. Gvi.). Cousin, Gilbert, Of the office of servauntes, trans. Chalmer, Sir T. (Berthe[let], T., or Chaloner 1534 or 1543) in English Books reel 61 no. 938 recommended (fol. Cvi) that one would ‘… do bettre in inducynge soch yonge, and strong lubbers, to betake them to an occupation…. For els wylle al men … cleave unto ydleness, and bealycheare skottefree. But (alas) to what steade in a commen wealthe mayssoch a froth … serve in case they swarme overmoche abrode.’ Arber, E., ed., The First Three English Books 1511–1555 (Birmingham, England 1885) published Eden's, Richard Booke of Metals. Eden's preface noted that gold and silver were‘ … not only most desired, but also such without which in this age the life of man cannot be passed over without many adversities, forasmuch as poverty is hateful to all men, and virtue no further esteemed than it is supported by richer…. ’ This sounds much like Renaissance economic humanism. Eden further stated that ‘… gold and silver … are such necessary evils which the life of man cannot lack without detriment…. ’ But the purpose of the book-was to urge on Englishmen to find bullion, and thus the public motive is equally strong.Google Scholar
100 A glasse for housholders (London: Grafton, R., 1542) in English Books reel 67 no. 1245 fol. Aii.Google Scholar
101 Xenophons treatise of householde, trans. Hervet, Gentian (London: Thomas Berthelet 1544, but on frontispiece as 1534) in English Books reel 375 no. 10385. The statement cited above in the text appears in the ‘To the Reder’ section. Folio v suggests avoiding women, gambling, association with ‘unthriftes,’ drunkenness, and ‘costly vayne glorye.’ If one follows such advice, the translator declares (fol. ix), ‘so by the grace of God, [one will] come to be a very ryche man, with moche wynning and lucre.’ Xenophon's Oeconomicus may be overrated, however, by modern commentators; Xenophon's aversion to the city and the ‘handy craftes’ which are ‘abiecte and vile,’ and his defense of husbandry limit its so-called capitalistic tone.Google Scholar
102 Isocrates [ad Nicolem]. The doctrinal of princes , trans. Eliot, Syr T. (Berthelet, T. 1534) in English Books reel 54 no. 1419 fol. 8. See also fol. 12 and fol. 9.Google Scholar
103 The treasuri of helth, Trans. Lloyd, Humfrey (Coplande, W. 1550?) in English Books reel 55 no. 1447 fol. Aii. This is the translator's prologue.Google Scholar
104 Baron, H., ‘Cicero and the Roman Civic Spirit’ 291–314.Google Scholar
105 Barni, G. L., ed., Le Lettere di Andrea Alciato Giureconsulto (Firenze 1953) xxx letter no. 4; 123 ff. letter no. 68. The letter, or treatise, is printed in an appendix beginning on page 265.Google Scholar
106 Ibid. 268, 271–72.Google Scholar
107 Ibid. 273. The quotation was borrowed from Catullus, Carmina LI: ‘Otium molestum est. Otium reges prius et beatas perdidit urbes.’ Google Scholar
108 Ibid. 275, 282, 283: ‘Quam ob causam Plutarchus paupertatem ab aliis malum, ab aliis magnum, a quibusdam et maximum malum iudicari autor est.’ Also there is his statement that poverty ‘… odio tantum et infamiae causam.’ Finally he remarked, ‘… opes enim nostris temporibus viscera hominum habentur…. ’ Google Scholar
109 See above, note 105.Google Scholar
110 Schiaffini, A., ed., Libro di Buoni Costumi de Paolo da Certaldo (Firenze 1945) 9, 24. Bec, Les marchands écrivains 95 ff. notes other sources for this literature, and has collected an excellent bibliography on this genre insofar as it concerns Florentine cultural development.Google Scholar
111 The treatises of Alberti, Pandolfini, and others on household economy trace their origins to medieval handbooks of merchant advice and scholastic treatises (see note 60 above). Giovanni Rucellai seems to have adopted medieval merchant views while borrowing heavily from Pandolfini and other predecessors. Consult Allessandro Perosa, ed., Giovanni Rucellai ed il suo Zibaldone (in Studies of the Warburg Institute # 24 London 1960). Guicciardini, , Maxims, presents Guicciardini's Ricordi. The following maxims are worthy of note: in series C: 15, 33, 45, 55, 56, 62, 63, 93, 145, 150, 167, 178, 185, 192, 204; series B: 18, 19, 39, 40, 65, 93, 99, 141, 162, 163, 164; series Q2: 21, 22.Google Scholar
112 Crafty sentiments from the business world seem to have affected writers in other genres as well. See Martines, , Social World 19–20 for the words of Giovanni Morelli (1440s), ‘Be sure to have cash on hand at all times. Guard it carefully and use it wisely, for it is your best friend and dearest relative.’ And again, Morelli advised, ‘If you are rich and have no other way of getting friends, be prepared to buy them with your money.’ See note 123 below.Google Scholar
113 Schiaffini, , Buoni Costumi 15–49. See also nos. 108, 139, 188, 248. One of the greatest joys in the world, according to Paolo, is becoming rich, and the greatest sorrow is to come into poverty (no. 276).Google Scholar
114 Ibid. 37 and no. 247. Do not trust anyone, not even friends (p. 24, and no. 375) or your own sons (p. 21, and no. 375).Google Scholar
115 Ibid. 24 no. 92, and also no. 13. Renouard, , Les hommes d'affaires 185 declares that the company of the Tolomei in Siena in 1321 put the following dedication on their documents: ‘In the name of God and of the Virgin Mary; may they give us to do things which turn to their praise and their glory, to our honor and our profit for soul and body. Amen.’ Renouard also notes that Giovanni Morelli in his Chronicle (1441) considered success in business to be a reward of piety (p. 247). Contracts of the mid-1400s in Italy used the phrase (p. 248) ‘col nome di Dio di buona ventura,’ which can be translated, ‘in the name of God and of profit.’ De Roover, , San Bernardino 14 states that even scholastics recognized the value of a reputation for honesty and reliability, and that merchant manuals up to the 17th century recommended practice of religion to keep one's business in good order.Google Scholar
116 Schiaffini, , Buoni Costumi 138 no. 239; 42 no. 270.Google Scholar
117 Ibid. 33–6 no. 81 and no. 142. Of course, appropriate spending also found a place in Paolo's system.Google Scholar
118 Ibid.: work — 38 no. 305 and nos. 180, 255, 305, 306, 385; good management — 38, 45 ff. no. 356; temperance — no. 121.Google Scholar
119 Ibid. 43 and no. 133. See also nos. 6, 72, 80.Google Scholar
120 Ibid. 44, 45.Google Scholar
121 Perosa, , Giovanni Rucellai 10–11. Schiaffini, , Buoni Costumi 32–3 and no. 100 lists the recommended dodges of Paolo da Certaldo. Such tricks had been traditional and continued to be so in this genre.Google Scholar
122 Ibid. 10 states that Paolo da Certaldo intended the book for a wider public than his mere family (see no. 1). The same is true for the other collections in this genre with the exception of Giovanni Rucellai's Zibaldone. Bec, Les marchands écrivains 95 refers to the fifteenth-century audience of businessmen who read Paolo da Certaldo's work; he also notes the several manuscripts of it, and (n. 324) the similar treatises which it inspired. Other humanists such as Alberti, Leon Battista and Pandolfini, borrowed from such books the notions of thrift, schedule, and activity that they recommend in their treatises on household economy. Other scholars have sufficiently discussed Alberti; he is a systematic economic humanist. See the controversial discussion of Alberti in Sombart, , Quintessence chapter 8; Baron S. Atlant. Quart 38.437–38, also commented on Alberti. An excellent review of Alberti's thought is furnished in Michel's, Paul-Henri La Pensée de L. B. Alberti. Un idéal humain au xv e siècle (Paris 1930). See especially pages 295–300 and 317–25. Michel believes (p. 319) that Alberti's Delia famiglia is ‘A document of very great value for the history of modern capitalism’; he notes that Alberti's was the first systematic essay of empirical procedures for a more modern economy.Google Scholar
123 Historians may have been influenced by these handbooks; clever proverbs, possibly of business origin, sometimes appear in contemporary chronicles. Stefani, Coppo (Marchionne di Coppo Bonaiuti), Cronaca Fiorentina in RIS2 30 fasc. 3 pt. 1 (Città di Castello 1907) 194 declared concerning the Duke of Athens' and all men's greed for greater and greater sums of money: ‘non è questo vizio de’ Fiorentini solo, che sempre fu che i pesci maggiori mangiano li minori.' Such proverbs abound in the manuals of good behavior for merchants. See note 112 above and Bec, Les marchands écrivains 95 ff.Google Scholar
124 Perosa, , Giovanni Rucellai 39; see also page 5.Google Scholar
125 Lopez, R. S., Raymond, I. W., Medieval Trade in the Mediterranean World (New York 1955) 408–09. Tracing its origin to such treatises as Pegolotti's Practica della mercatura (14th century) and the English merchant's handbook, ‘The Noumbre of Weyghts’ (15th century MS), this genre only later began to express Cotrugli's kind of views. After 1500, however, merchant manuals all over Europe reflect Cotrugli's point of view. This literature, moreover, grew quite large during the early modern period. Consult the following for information on the subject: Davis, N. Z., ‘Sixteenth-Century French Arithmetics on the Business Life,’ Journal of the History of Ideas 21 (1960); Meuvret, J., ‘Manuels et traités à l'usage des négociants aux premières époques de l'âge moderne,’ Études d'histoire moderne et contemporaine 5 (1953); Cole's, A. H. introduction (pp. 2–11) to An Essay on the Proper Method of Forming a Man of Business: 1716 (Kress Library of Business and Economics # 4 Boston 1946) contains much information, as does Patrick McGrath's introduction (p. v–xxxii) to his edition of The Marchant's Avizo (Kress Library of Business and Economics #11 Boston 1957). This type of literature included such notable treatises as Jacques Savary's Le parfait négociant of 1675 and the sixteenth-century An Essay on Drapery in English Books reel 1006. See the following: Samuelsson, Religion 61–6; Schumpeter, , Analysis 156–57; De Roover, , San Bernardino 14.Google Scholar
126 Lopez, and Raymond, , Medieval Trade 413–18.Google Scholar
127 Bec, , Les marchands écrivains 408 claims that numerous Tuscan merchants purchased law books.Google Scholar
128 Post, Gaines, Studies in Medieval Legal Thought (Princeton 1964) 410 states that in medieval public law based on Roman law ‘… the royal estate was the material wealth or financial rights of the king — indeed, estate meant property.’ The term, state or status, contained in origin much that was economic. The economic wherewithal of a territory could be its status, or the state of the realm.CrossRefGoogle Scholar
129 Summa Azonis (Venice : Raphael, Angelo 1581) col. 449 comments upon Cod. 4. 62. 1: ‘Decreto autem principis posset institui nouum vectigal, ut infra eodem lege penultimo maxime ratione tenuitatis, et paupertatis patriae, quae debent vectigalia: et hoc ipsum debet allegare pauper patria praesidi provinciae, qui re diligenter inspecta, et utilitatem communem intuitus, scribat principi, quam reperit: et princeps aestimabit, an et quatenus ratione patriae sit habenda, ut infra eodem lege uno.’ This is a bit more emphatic in tone than the statement of the Justinian Code on which it is based. Cf. Krueger, Paul, ed., Corpus Iuris Civilis II: Codex Iustinianus (Berlin 1963) Cod. 4. 62.1: ‘Non quidem temere permittenda est novorum vectigalium exactio: sed si adeo tenuis est patria tua, ut extraordinario auxilio iuvari debeat, adlega praesidi provinciae quae in libellum contulisti: qui re diligenter inspecta utilitatem communem intuitus scribet nobis quae compererit, et an habenda sit ratio vestri et quatenus, aestimabimus.’ Google Scholar
130 See above, notes 59 to 63, and the text to which they relate.Google Scholar
131 Andreae, Ioannis, In Quinque Decretalium Libros, Novella Commentaria (Torino 1963) I De renunciatione cap. x 55 ‘… ut dicebat Claudius, etiam reipublicae melius est negocium, quam otium …. ’ Google Scholar
132 Marongiu, Antonio, ‘The Theory of Democracy and Consent in the Fourteenth Century,’ Cheyette, Lordship and Community 404–421. See page 412 for Albornoz's statement. This assertion was common in medieval canon and civil law.Google Scholar
133 On the question of sovereignty see Post, , Studies pt. II: ‘Public Law and the State’ chapters v–xi. Currently, I am engaged in research upon, the economic attitudes of canon and civil lawyers. As far as economic nationalism is concerned, medieval commentaries upon such statements in the Code (12.62.3) as, ‘Utilitas publica praeferenda est privatorum contractibus,’ should prove revealing. Medieval commentary upon the state's problem with, say, sturdy beggars (C. 11.26.1. De mendicantibus validis) should also be informative. For economic humanism see note 134.Google Scholar
134 Baldwin, J., Trans. Amer. Phil. Soc. 49.10 asserts that canon lawyers adopted the Roman law of sale during the thirteenth century with its harsh tone of caveat emptor; freedom in bargaining was accepted by the lawyers (p. 17); generally, canon law softened its attitudes toward merchants (pp. 39, 48) during the thirteenth century. Baldwin, Summerfield, Business in the Middle Ages (New York 1937) 3–4 states that law and lawyers encouraged business after the thirteenth century. In my own study I hope to examine the medieval commentaries for such opinions as Andreae's, Johannes that it is preferable for the state to prefer private profit. Other interesting legal opinions in medieval Roman law declared that the prince must avoid tampering with the currency and that he must abolish monopolies. Some lawyers also advised a shrewd discretion in giving alms. See below note 135. An absorbing discussion somewhat related to this topic is offered by Post, G., Giocarinis, K., Kay, R., ‘The Medieval Heritage of a Humanistic Ideal, “Scientia donum dei est, unde vendi non potest,”‘ Traditio 11 (1955) 195–234. The authors demonstrate that the teachers of law grew realistic about the economics of payment for teaching. Joannes Teutonicus (ca. 1215–1217) asked the question (p. 198–99) why a master should not sell his doctrina, just as a jurist sells his counsel. Recognizing (pp. 206–07) that the teaching of law was sacred, a gift of God and a true philosophy, and as such not to be sold, yet Johannes Teutonicus included a gloss in his Glossa Ordinaria which, while recognizing the ‘true philosophy’ of law, added, ‘licet pecuniam non abiiciamus’ — ‘let us not throw money away.’ Google Scholar
135 Post, Gaines, Studies 374, in discussing the growth of a public law of the state, remarks upon the use to which medieval lawyers put the Justinian code. Medieval lawyers knew that ‘the prince needed revenues in order to govern and defend the Republic …,’ and thus, as Justinian said, ‘the imperial fisc should act not against but for the common profit … and the proprium commodum subiectorum was also the emperor's good or profit.’ The medieval prince, then, cared for his private and public purse as twin concerns.Google Scholar
136 Le Bras, G., ‘Conceptions of Economy and Society,’ chapter 7 in the Cambridge Economic History of Europe (Cambridge, England 1963) 3.557–64.Google Scholar
137 Robertson, , Aspects 82–3, speaking of the Renaissance period states, ‘Over most of the continent of Europe the reception of Roman law was of the greatest moment in providing a favourable institutional basis for capitalism.’ Especially Germany welcomed Roman law, Robertson adds. Gilmore, M. P., Humanists and Jurists (Cambridge, Massachusetts 1963) 83 states that Roman lawyers contributed to the growth of a secular attitude in the fifteenth and sixteenth centuries.Google Scholar
138 Heilbroner, , Quest for Wealth 108–09 provides the text cited above. This legal brief seems to combine Roman law, scholasticism, and economic humanism. De Roover, , Quart. J. of Econ. 69.504–05 would disagree with this interpretation. He views the case as a continuation of scholastic, anti-monopoly thinking; he believes that the legal defense was merely opportunistic. It should be noted, however, that Roman law, long before the scholastics, was anti-monopolistic.Google Scholar
139 See note 127 above. Roman law enjoyed great commercial success in the book trade in the early modern period. For some information on this subject, see Will, E., ‘Decreti Gratiani Incunabula,’ and Adversi, A., ‘Saggio di un catalogo delle edizioni del “Decretum Gratiani“ posteriori al secolo XV,’ both in Studio. Gratiana 6 (1959). In fact, at least two of the other genres employed in this study enjoyed a similar success. See above, notes 10, 122, and 125.Google Scholar
140 The term ‘saturation’ appears in the Cambridge Economic History of Europe 3.198ff.; see also pages 342 and 343. Cf. Lewis, A., ‘The Closing of the Medieval Frontier,’ Speculum 33 (1958) 475–83. The sedentary character of thirteenth-century commerce has been described by De Roover, R., ‘The Commercial Revolution of the Thirteenth Century,’ Bulletin of the Business Historical Society 16 (1942) 34–8. See also the latter's opinion in the Cambridge Economic History of Europe 3. 108.Google Scholar
141 The quotation is taken from Konetzke's, R. ‘Entrepreneurial Activities of Spanish and Portuguese Noblemen in Medieval Times,’ Explorations in Entrepreneurial History 6 (1953–4) 115–20. He further observes that new conditions occasioned ‘… a change in thinking and behavior which characterized the late-Middle Ages everywhere in Western and Central Europe, a change which led to the rise of early capitalism.’ Miller, E., ‘The State and Landed Interests in Thirteenth-Century France and England,’ in Thrupp, S. L., ed., Change in Medieval Society (New York 1964) 116–28 shows that in the thirteenth century the incomes of landlords were dwindling so dramatically that most nobles were driven ‘further along a spendthrift's path.’ See Miller's discussion of this in the Cambridge Economic History of Europe 3.306–07.Google Scholar
142 De Roover, R., Rise and Decline of the Medici Bank (New York 1966) 21 notes the direct tax. Fanfani, Origini 77 believes that such a tax problem was developing in fourteenth-century Italy, and he presents this as a partial explanation for the growth of new views toward wealth after 1350. See the notes below.Google Scholar
143 The quotation is taken from one of Unwin's essays which appears in Stern, Fritz, ed., The Varieties of History (New York 1956) 305–07. Unwin also declares (p. 307) that such fiscal pressure began in the early days of the Italian republics.Google Scholar
144 Miller, , ‘State and Landed Interests’ 128 declares that during the thirteenth century the governments of England and France experienced pressing fiscal needs. For more details consult the Cambridge Economic History of Europe 3.302–03, 309–10, 315, 494 ff. and 533 ff. Strayer, J. R., ‘The Laicization of French and English Society in the Thirteenth Century,’ in Thrupp, , ed., Change in Medieval Society 103–07 suggests that a dramatic loss of influence by the church led to the primacy of lay governments in the thirteenth century; social and political leadership by laymen (p. 104, 107–08, 111–12) resulted in new policies, especially a vast increase in numbers of officials. Cf. Strayer, J. R., Taylor, C. H., Studies in Early French Taxation (Cambridge, Massachusetts 1939) 3–6; Erickson, N. N., ‘A Dispute between a Priest and a Knight,’ Proceedings of the American Philosophical Society 111 (1967) 288–303.Google Scholar
145 Rather surprisingly, Queller, , Venetian Legislation 20, 54 relates that by 1371 diplomatic costs formed the heaviest item of expense for the government of Venice.Google Scholar