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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/19468-8.txt b/19468-8.txt new file mode 100644 index 0000000..2150851 --- /dev/null +++ b/19468-8.txt @@ -0,0 +1,3320 @@ +The Project Gutenberg eBook, Mediaeval Socialism, by Bede Jarrett + + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + + + + +Title: Mediaeval Socialism + + +Author: Bede Jarrett + + + +Release Date: October 4, 2006 [eBook #19468] + +Language: English + +Character set encoding: ISO-8859-1 + + +***START OF THE PROJECT GUTENBERG EBOOK MEDIAEVAL SOCIALISM*** + + +E-text prepared by David Clarke, Martin Pettit, and the Project Gutenberg +Online Distributed Proofreading Team (http://www.pgdp.net/) from page +images generously made available by Internet Archive/Canadian Libraries +(http://www.archive.org/details/toronto) + + + +Note: Images of the original pages are available through + Internet Archive/Canadian Libraries. See + http://www.archive.org/details/mediaevalsocial00jarruoft + + + + + +MEDIAEVAL SOCIALISM + +by + +BEDE JARRETT, O.P., M.A. + + + + + + + +[Illustration: Logo] + + + +London: T. C. & E. C. Jack +67 Long Acre, W.C., and Edinburgh +New York: Dodge Publishing Co. + + + + + +CONTENTS + + +CHAP. PAGE + + I. INTRODUCTION 5 + + II. SOCIAL CONDITIONS 17 + +III. THE COMMUNISTS 29 + + IV. THE SCHOOLMEN 41 + + V. THE LAWYERS 55 + + VI. THE SOCIAL REFORMERS 68 + +VII. THE THEORY OF ALMS-GIVING 80 + + BIBLIOGRAPHY 91 + + INDEX 93 + + +MEDIAEVAL SOCIALISM + + + + +CHAPTER I + +INTRODUCTION + + +The title of this book may not unnaturally provoke suspicion. After all, +howsoever we define it, socialism is a modern thing, and dependent +almost wholly on modern conditions. It is an economic theory which has +been evolved under pressure of circumstances which are admittedly of no +very long standing. How then, it may be asked, is it possible to find +any real correspondence between theories of old time and those which +have grown out of present-day conditions of life? Surely whatever +analogy may be drawn between them must be based on likenesses which +cannot be more than superficial. + +The point of view implied in this question is being increasingly adopted +by all scientific students of social and political opinions, and is most +certainly correct. Speculation that is purely philosophic may indeed +turn round upon itself. The views of Grecian metaphysicians may continue +for ever to find enthusiastic adherents; though even here, in the realm +of purely abstract reasoning, the progressive development of science, of +psychology, and kindred branches of knowledge cannot fail by its +influence to modify the form and arrangement of thought. But in those +purely positive sciences (if indeed sciences they can properly be +called) which deal with the life of man and its organisation, the very +principles and postulates will be found to need continual readjustment. +For with man's life, social, political, economic, we are in contact with +forces which are of necessity always in a state of flux. For example, +the predominance of agriculture, or of manufacture, or of commerce in +the life of the social group must materially alter the attitude of the +statesman who is responsible for its fortunes; and the progress of the +nation from one to another stage of her development often entails (by +altering from one class to another the dominant position of power) the +complete reversal of her traditional maxims of government. Human life is +not static, but dynamic. Hence the theories weaved round it must +themselves be subject to the law of continuous development. + +It is obvious that this argument cannot be gainsaid; and yet at the same +time we may not be in any way illogical in venturing on an inquiry as to +whether, in centuries not wholly dissimilar from our own, the mind of +man worked itself out along lines parallel in some degree to +contemporary systems of thought. Man's life differs, yet are the +categories which mould his ideas eternally the same. + +But before we go on to consider some early aspects of socialism, we must +first ascertain what socialism itself essentially implies. Already +within the lifetime of the present generation the word has greatly +enlarged the scope of its significance. Many who ten years ago would +have objected to it as a name of ill-omen see in it now nothing which +may not be harmonised with the most ordinary of political and social +doctrines. It is hardly any longer the badge of a school. Yet it does +retain at any rate the bias of a tendency. It suggests chiefly the +transference of ownership in land and capital from private hands into +their possession in some form or other by the society. The means of this +transference, and the manner in which this social possession is to be +maintained, are very widely debated, and need not here be determined; it +is sufficient for the matter of this book to have it granted that in +this lies the germ of the socialistic theory of the State. + +Once more it must be admitted that the meaning of "private ownership" +and "social possession" will vary exceedingly in each age. When private +dominion has become exceedingly individual and practically absolute, the +opposition between the two terms will necessarily be very sharp. But in +those earlier stages of national and social evolution, when the +community was still regarded as composed, not of persons, but of groups, +the antagonism might be, in point of theory, extremely limited; and in +concrete cases it might possibly be difficult to determine where one +ended and the other began. Yet it is undeniable that socialism in itself +need mean no more than the central principle of State-ownership of +capital and land. Such a conception is consistent with much private +property in other forms than land and capital, and will be worked out in +detail differently by different minds. But it is the principle, the +essence of it, which justifies any claims made to the use of the name. +We may therefore fairly call those theories socialistic which are +covered by this central doctrine, and disregard, as irrelevant to the +nature of the term, all added peculiarities contributed by individuals +who have joined their forces to the movement. + +By socialistic theories of the Middle Ages, therefore, we mean no more +than those theories which from time to time came to the surface of +political and social speculation in the form of communism, or of some +other way of bringing about the transference which we have just +indicated. But before plunging into the tanglement of these rather +complicated problems, it will make for clearness if we consider quite +briefly the philosophic heritage of social teaching to which the Middle +Ages succeeded. + +The Fathers of the Church had found themselves confronted with +difficulties of no mean subtlety. On the one hand, the teaching of the +Scriptures forced upon them the religious truth of the essential +equality of all human nature. Christianity was a standing protest +against the exclusiveness of the Jewish faith, and demanded through the +attendance at one altar the recognition of an absolute oneness of all +its members. The Epistles of St. Paul, which were the most scientific +defence of Christian doctrine, were continually insisting on the fact +that for the new faith there was no real division between Greek or +barbarian, bond or free. Yet, on the other hand, there were equally +unequivocal expressions concerning the reverence and respect due to +authority and governance. St. Peter had taught that honour should be +paid to Caesar, when Caesar was no other than Nero. St. Paul had as +clearly preached subjection to the higher powers. Yet at the same time +we know that the Christian truth of the essential equality of the whole +human race was by some so construed as to be incompatible with the +notion of civil authority. How, then, was this paradox to be explained? +If all were equal, what justification would there be for civil +authority? If civil authority was to be upheld, wherein lay the meaning +of St. Paul's many boasts of the new levelling spirit of the Christian +religion? The paradox was further complicated by two other problems. The +question of the authority of the Imperial Government was found to be +cognate with the questions of the institution of slavery and of private +property. Here were three concrete facts on which the Empire seemed to +be based. What was to be the Christian attitude towards them? + +After many attempted explanations, which were largely personal, and, +therefore, may be neglected here, a general agreement was come to by the +leading Christian teachers of East and West. This was based on a +theological distinction between human nature as it existed on its first +creation, and then as it became in the state to which it was reduced +after the fall of Adam. Created in original justice, as the phrase ran, +the powers of man's soul were in perfect harmony. His sensitive nature, +_i.e._ his passions, were in subjection to his will, his will to his +reason, his reason to God. Had man continued in this state of innocence, +government, slavery, and private property would never have been +required. But Adam fell, and in his fall, said these Christian doctors, +the whole conditions of his being were disturbed. The passions broke +loose, and by their violence not unfrequently subjected the will to +their dictatorship; together with the will they obscured and prejudiced +the reason, which under their compulsion was no longer content to follow +the Divine Reason or the Eternal Law of God. In a word, where order had +previously reigned, a state of lawlessness now set in. Greed, lust for +power, the spirit of insubordination, weakness of will, feebleness of +mind, ignorance, all swarmed into the soul of man, and disturbed not +merely the internal economy of his being, but his relations also to his +fellows. The sin of Cain is the social result of this personal upheaval. + +Society then felt the evils which attended this new condition of things, +and it was driven, according to this patristic idea, to search about for +remedies in order to restrain the anarchy which threatened to overwhelm +the very existence of the race. Hence was introduced first of all the +notion of a civil authority. It was found that without it, to use a +phrase which Hobbes indeed has immortalised, but which can be easily +paralleled from the writings of St. Ambrose or St. Augustine, "life was +nasty, brutish, and short." To this idea of authority, there was quickly +added the kindred ideas of private property and slavery. These two were +found equally necessary for the well-being of human society. For the +family became a determined group in which the patriarch wielded absolute +power; his authority could be effective only when it could be employed +not only over his own household, but also against other households, and +thus in defence of his own. Hence the family must have the exclusive +right to certain things. If others objected, the sole arbitrament was an +appeal to force, and then the vanquished not only relinquished their +claims to the objects in dispute, but became the slaves of those to whom +they had previously stood in the position of equality and rivalry. + +Thus do the Fathers of the Church justify these three institutions. They +are all the result of the Fall, and result from sin. Incidentally it may +be added that much of the language in which Hildebrand and others spoke +of the civil power as "from the devil" is traceable to this theological +concept of the history of its origin, and much of their hard language +means no more than this. Private property, therefore, is due to the +Fall, and becomes a necessity because of the presence of sin in the +world. + +But it is not only from the Fathers of the Church that the mediaeval +tradition drew its force. For parallel with this patristic explanation +came another, which was inherited from the imperial legalists. It was +based upon a curious fact in the evolution of Roman law, which must now +be shortly described. + +For the administration of justice in Rome two officials were chosen, who +between them disposed of all the cases in dispute. One, the _Praetor +Urbanus_, concerned himself in all litigation between Roman citizens; +the other, the _Praetor Peregrinus_, had his power limited to those +matters only in which foreigners were involved; for the growth of the +Roman _Imperium_ had meant the inclusion of many under its suzerainty +who could not boast technical citizenship. The _Praetor Urbanus_ was +guided in his decisions by the codified law of Rome; but the _Praetor +Peregrinus_ was in a very different position. He was left almost +entirely to his own resources. Hence it was customary for him, on his +assumption of office, to publish a list of the principles by which he +intended to settle all the disputes between foreigners that were brought +to his court. But on what foundation could his declaratory act be based? +He was supposed to have previously consulted the particular laws of as +many foreign nations as was possible, and to have selected from among +them those which were found to be held in common by a number of tribes. +The fact of this consensus to certain laws on the part of different +races was supposed to imply that these were fragments of some larger +whole, which came eventually to be called indifferently the Law of +Nature, or the Law of Nations. For at almost the very date when this +Law of Nations was beginning thus to be built up, the Greek notion of +one supreme law, which governed the whole race and dated from the lost +Golden Age, came to the knowledge of the lawyers of Rome. They proceeded +to identify the two really different concepts, and evolved for +themselves the final notion of a fundamental rule, essential to all +moral action. In time, therefore, this supposed Natural Law, from its +venerable antiquity and universal acceptance, acquired an added sanction +and actually began to be held in greater respect than even the declared +law of Rome. The very name of Nature seemed to bring with it greater +dignity. But at the same time it was carefully explained that this _Lex +Naturae_ was not absolutely inviolable, for its more accurate +description was _Lex_ or _Jus Gentium_. That is to say, it was not to be +considered as a primitive law which lay embedded like first principles +in human nature; but that it was what the nations had derived from +primitive principles, not by any force of logic, but by the simple +evolution of life. The human race had found by experience that the +observance of the natural law entailed as a direct consequence the +establishment of certain institutions. The authority, therefore, which +these could boast was due to nothing more than the simple struggle for +existence. Among these institutions were those same three (civil +authority, slavery, private property), which the Fathers had come to +justify by so different a method of argument. Thus, by the late Roman +lawyers private property was upheld on the grounds that it had been +found necessary by the human race in its advance along the road of life. +To our modern ways of thinking it seems as though they had almost +stumbled upon the theory of evolution, the gradual unfolding of social +and moral perfection due to the constant pressure of circumstances, and +the ultimate survival of what was most fit to survive. It was almost by +a principle of natural selection that mankind was supposed to have +determined the necessity of civil authority, slavery, private property, +and the rest. The pragmatic test of life had been applied and had proved +their need. + +A third powerful influence in the development of Christian social +teaching must be added to the others in order the better to grasp the +mental attitude of the mediaeval thinkers. This was the rise and growth +of monasticism. Its early history has been obscured by much legendary +detail; but there is sufficient evidence to trace it back far into the +beginnings of Christianity. Later there had come the stampede into the +Thebaid, where both hermit life and the gathering together of many into +a community seem to have been equally allowed as methods of asceticism. +But by the fifth century, in the East and the West the movement had been +effectively organised. First there was the canonical theory of life, +introduced by St. Augustine. Then St. Basil and St. Benedict composed +their Rules of Life, though St. Benedict disclaimed any idea of being +original or of having begun something new. Yet, as a matter of fact, he, +even more efficiently than St. Basil, had really introduced a new force +into Christendom, and thereby became the undoubted father of Western +monasticism. + +Now this monasticism had for its primary intention the contemplation of +God. In order to attain this object more perfectly, certain subsidiary +observances were considered necessary. Their declared purpose was only +to make contemplation easier; and they were never looked upon as +essential to the monastic profession, but only as helps to its better +working. Among these safeguards of monastic peace was included the +removal of all anxieties concerning material well-being. Personal +poverty--that is, the surrender of all personal claim to things the care +of which might break in upon the fixed contemplation of God--was +regarded as equally important for this purpose as obedience, chastity, +and the continued residence in a certain spot. It had indeed been +preached as a counsel of perfection by Christ Himself in His advice to +the rich young man, and its significance was now very powerfully set +forth by the Benedictine and other monastic establishments. + +It is obvious that the existence of institutions of this kind was bound +to exercise an influence upon Christian thought. It could not but be +noticed that certain individual characters, many of whom claimed the +respect of their generation, treated material possessions as hindrances +to spiritual perfection. Through their example private property was +forsworn, and community of possession became prominently put forward as +being more in accordance with the spirit of Christ, who had lived with +His Apostles, it was declared, out of the proceeds of a common purse. +The result, from the point of view of the social theorists of the day, +was to confirm the impression that private property was not a thing of +much sanctity. Already, as we have seen, the Fathers had been brought to +look at it as something sinful in its origin, in that the need of it was +due entirely to the fall of our first parents. Then the legalists of +Rome had brought to this the further consideration that mere expedience, +universal indeed, but of no moral sanction, had dictated its institution +as the only way to avoid continual strife among neighbours. And now the +whole force of the religious ideals of the time was thrown in the same +balance. Eastern and Western monasticism seemed to teach the same +lesson, that private property was not in any sense a sacred thing. +Rather it seemed to be an obstacle to the perfect devotion of man's +being to God; and community of possession and life began to boast itself +to be the more excellent following of Christ. + +Finally it may be asserted that the social concept of feudalism lent +itself to the teaching of the same lesson. For by it society was +organised upon a system of land tenure whereby each held what was his of +one higher than he, and was himself responsible for those beneath him in +the social scale. Landowners, therefore, in the modern sense of the +term, had no existence--there were only landholders. The idea of +absolute dominion without condition and without definite duties could +have occurred to none. Each lord held his estate in feud, and with a +definite arrangement for participating in the administration of justice, +in the deliberative assembly, and in the war bands of his chief, who in +turn owed the same duties to the lord above him. Even the king, who +stood at the apex of this pyramid, was supposed to be merely holding his +power and his territorial domain as representing the nation. At his +coronation he bound himself to observe certain duties as the condition +of his royalty, and he had to proclaim his own acceptance of these +conditions before he could be anointed and crowned as king. Did he break +through his coronation-oath, then the pledge of loyalty made by the +people was considered to be in consequence without any binding force, +and his subjects were released from their obedience. In this way, then, +also private property was not likely to be deemed equivalent to absolute +possession. It was held conditionally, and was not unfrequently +forfeited for offences against the feudal code. It carried with it +burdens which made its holding irksome, especially for all those who +stood at the bottom of the scale, and found that the terms of their +possession were rigorously enforced against them. The death of the +tenant and the inheriting of his effects by his eldest son was made the +occasion for exactions by the superior lord; for to him belonged certain +of the dead man's military accoutrements as pledges, open and manifest, +of the continued supremacy to be exercised over the successor. + +Thus the extremely individual ideas as regards the holding of land which +are to-day so prevalent would then have been hardly understood. Every +external authority, the whole trend of public opinion, the teaching of +the Christian Fathers, the example of religious bodies, the inherited +views that had come down to the later legalists from the digests of the +imperial era, the basis of social order, all deflected the scale against +the predominance of any view of land tenure or holding which made it an +absolute and unrestricted possession. Yet at the same time, and for the +same cause, the modern revolt against all individual possession would +have been for the mediaeval theorists equally hard to understand. +Absolute communism, or the idea of a State which under the magic of that +abstract title could interfere with the whole social order, was too +utterly foreign to their ways of thinking to have found a defender. The +king they knew, and the people, and the Church; but the State (which the +modern socialist invokes) would have been an unimaginable thing. + +In that age, therefore, we must not expect to find any fully-fledged +Socialism. We must be content to notice theories which are socialistic +rather than socialist. + + + + +CHAPTER II + +SOCIAL CONDITIONS + + +So long as a man is in perfect health, the movements of his life-organs +are hardly perceptible to him. He becomes conscious of their existence +only when something has happened to obstruct their free play. So, again, +is it with the body politic, for just so long as things move easily and +without friction, hardly are anyone's thoughts stimulated in the +direction of social reform. But directly distress or disturbance begin +to be felt, public attention is awakened, and directed to the +consideration of actual conditions. Schemes are suggested, new ideas +broached. Hence, that there were at all in the Middle Ages men with +remedies to be applied to "the open sores of the world," makes us +realise that there must have been in mediaeval life much matter for +discontent. Perhaps not altogether unfortunately, the seeds of unrest +never need much care in sowing, for the human heart would else advance +but little towards "the perfect day." The rebels of history have been as +necessary as the theorists and the statesmen; indeed, but for the +rebels, the statesmen would probably have remained mere politicians. + +Upon the ruins of the late Empire the Germanic races built up their +State. Out of the fragments of the older _villa_ they erected the +_manor_. No doubt this new social unit contained the strata of many +civilisations; but it will suffice here to recognise that, while it is +perhaps impossible to apportion out to each its own particular +contribution to the whole result, the manor must have been affected +quite considerably by Roman, Celt, and Teuton. The chief difference +which we notice between this older system and the conditions of modern +agricultural life--for the manor was pre-eminently a rural +organism--lies in the enormous part then played in the organisation of +society by the idea of Tenure. For, through all Western civilisation, +from the seventh century to the fourteenth, the personal equation was +largely merged in the territorial. One and all, master and man, lord and +tenant, were "tied to the soil." Within the manor there was first the +land held in demesne, the "in-land"--this was the perquisite of the lord +himself; it was farmed by him directly. Only when modern methods began +to push out the old feudal concepts do we find this portion of the +estate regularly let out to tenants, though there are evidences of its +occasionally having been done even in the twelfth century. But besides +what belonged thus exclusively to the lord of the manor, there was a +great deal more that was legally described as held in villeinage. That +is to say, it was in the hands of others, who had conditional use of it. +In England these tenants were chiefly of three kinds--the villeins, the +cottiers, the serfs. The first held a house and yard in the village +street, and had in the great arable fields that surrounded them strips +of land amounting sometimes to thirty acres. To their lord they owed +work for three days each week; they also provided oxen for the plough. +But more than half of their time could be devoted to the farming of +their property. Then next in order came the cottiers, whose holding +probably ran to not more than five acres. They had no plough-work, and +did more of the manual labour of the farm, such as hedging, +nut-collecting, &c. A much greater portion of their time than was the +case with the villeins was at the disposal of their master, nor indeed, +owing to the lesser extent of their property, did they need so much +opportunity for working their own land. Lowest in the scale of all +(according to the Domesday Book of William I, the first great land-value +survey of all England, they numbered not more than sixteen per cent. of +the whole population) came the slaves or serfs. These had almost +exclusively the live stock to look after, being engaged as foresters, +shepherds, swineherds, and servants of the household. They either lived +under the lord's own roof, or might even have their cottage in the +village with its strip of land about it, sufficient, with the provisions +and cloth provided them, to eke out a scanty livelihood. Distinct from +these three classes and their officials (bailiffs, seneschals, reeves, +&c.) were the free tenants, who did no regular work for the manor, but +could not leave or part with their land. Their services were +requisitioned at certain periods like harvest-time, when there came a +demand for more than the ordinary number of hands. This sort of labour +was known as boon-work. + +It is clear at once that, theoretically at least, there was no room in +such a community for the modern landless labourer. Where all the workers +were paid by their tenancy of land, where, in other words, fixity and +stability of possession were the very basis of social life, the fluidity +of labour was impossible. Men could not wander from place to place +offering to employers the hire of their toil. Yet we feel sure that, in +actual fact, wherever the population increased, there must have grown up +in the process of time a number of persons who could find neither work +nor maintenance on their father's property. Younger sons, or more remote +descendants, must gradually have found that there was no scope for them, +unless, like an artisan class, they worked for wages. Exactly at what +date began the rise of this agricultural and industrial class of fee +labourers we cannot very clearly tell. But in England--and probably the +same holds good elsewhere--between 1200 and 1350 there are traces of its +great development. There is evidence, which each year becomes more ample +and more definite, that during that period there was an increasingly +large number of people pressing on the means of subsistence. Though the +land itself might be capable of supporting a far greater number of +inhabitants, the part under cultivation could only just have been enough +to keep the actually existing population from the margin of destitution. +The statutes in English law which protest against a wholesale occupation +of the common-land by individuals were not directed merely against the +practices of a landlord class, for the makers of the law were themselves +landlords. It is far more likely that this invasion of village rights +was due to the action of these "landless men," who could not otherwise +be accommodated. The superfluous population was endeavouring to find for +itself local maintenance. + +Precisely at this time, too, in England--where the steps in the +evolution from mediaeval to modern conditions have been more clearly +worked out than elsewhere--increase of trade helped to further the same +development. Money, species, in greater abundance was coming into +circulation. The traders were beginning to take their place in the +national life. The Guilds were springing into power, and endeavouring to +capture the machinery of municipal government. As a result of all this +commercial activity money payments became more frequent. The villein was +able to pay his lord instead of working for him, and by the sale of the +produce from his own yard-land was put in a position to hire helpers for +himself, and to develop his own agricultural resources. Nor was it the +tenant alone who stood to gain by this arrangement. The lord, too, was +glad of being possessed of money. He, too, needed it as a substitute for +his duty of military service to the king, for scutage (the payment of a +tax graduated according to the number of knights, which each baron had +to lead personally in time of war as a condition of holding land at all) +had taken the place of the old feudal levy. Moreover, he was probably +glad to obtain hired labour in exchange for the forced labour which the +system of tenure made general; just as later the abolition of slavery +was due largely to the fact that, in the long run, it did not pay to +have the plantations worked by men whose every advantage it was to shirk +as much toil as possible. + +But in most cases, as far as can be judged now, the lord was methodical +in releasing services due to him. The week-work was first and freely +commuted, for regular hired labour was easy to obtain; but the +boon-work--the work, that is, which was required for unusual +circumstances of a purely temporary character (such as harvesting, +&c.)--was, owing to the obvious difficulty of its being otherwise +supplied, only arranged for in the last resort. Thus, by one of the many +paradoxes of history, the freest of all tenants were the last to achieve +freedom. When the serfs had been set at liberty by manumission, the +socage-tenants or free-tenants, as they were called, were still bound by +their fixed agreements of tenure. It is evident, however, that such +emancipation as did take place was conditioned by the supply of free +labour, primarily, that is, by the rising surplus of population. Not +until he was certain of being able to hire other labourers would a +landholder let his own tenants slip off the burdens of their service. + +But this process, by which labour was rendered less stationary, was +immeasurably hastened by the advent of a terrible catastrophe. In 1347 +the Black Death arrived from the East. Across Europe it moved, striking +fear by the inevitableness of its coming. It travelled at a steady rate, +so that its arrival could be easily foretold. Then, too, the +unmistakable nature of its symptoms and the suddenness of the death it +caused also added to the horror of its approach. + +On August 15, 1349, it got to Bristol, and by Michaelmas had reached +London. For a year or more it ravaged the countryside, so that whole +villages were left without inhabitants. Seeing England so stunned by the +blow, the Scots prepared to attack, thinking the moment propitious for +paying off old scores; but their army, too, was smitten by the +pestilence, and their forces broke up. Into every glen of Wales it +worked its havoc; in Ireland only the English were affected--the "wild +Irish" were immune. But in 1357 even these began to suffer. Curiously +enough, Geoffrey Baker in his Chronicle (which, written in his own hand, +after six hundred years yet remains in the Bodleian at Oxford) tells us +that none fell till they were afraid of it. Still more curiously, +Chaucer, Langland, and Wycliff, who all witnessed it, hardly mention it +at all. There could not be any more eloquent tribute to the nameless +horror that it caused than this hushed silence on the part of three of +England's greatest writers. + +Henry Knighton of Leicester Abbey, canon and chronicler, tells us some +of the consequences following on the plague, and shows us very clearly +the social upheaval it effected. The population had now so much +diminished that prices of live stock went down, an ox costing 4_s._, a +cow 12_d._, and a sheep 3_d._ But for the same reason wages went up, for +labour had suddenly grown scarce. For want of hands to bring in the +harvest, whole crops rotted in the fields. Many a manor had lost a third +of its inhabitants, and it was difficult, under the fixed services of +land tenure, to see what remedy could be applied. In despair the feudal +system was set aside, and lord competed with lord to obtain landless +labourers, or to entice within their jurisdiction those whose own +masters ill-treated them in any way. The villeins themselves sought to +procure enfranchisement, and the right to hire themselves out to their +lords, or to any master they might choose. Commutation was not +particularly in evidence as the legal method of redress; though it too +was no doubt here and there arranged for. But for the most part the +villein took the law into his own hands, left his manor, and openly sold +his labour to the highest bidder. + +But at once the governing class took fright. In their eyes it seemed as +though their tenants were taking an unfair advantage of the +disorganisation of the national life. Even before Parliament could meet, +in 1349 an ordnance was issued by the King (Edward III), which compelled +all servants, whether bond or free, to take up again the customary +services, and forced work on all who had no income in land, or were not +otherwise engaged. The lord on whose manor the tenant had heretofore +dwelt had preferential claim to his labour, and could threaten with +imprisonment every refractory villein. Within two years a statute had +been enacted by Parliament which was far more detailed in its operation, +fixing wages at the rate they had been in the twentieth year of the +King's reign (_i.e._ at a period before the plague, when labour was +plentiful), and also with all appearance of justice determining the +prices of agricultural produce. It was the first of a very long series +of Acts of Parliament that, with every right intention, but with a +really obvious futility, endeavoured to reduce everything to what it had +been in the past, to put back the hands of the clock, and keep them +back. But one strange fact is noticeable. + +Whether unconsciously or not, the framers of these statutes were +themselves striking the hardest blow at the old system of tenure. From +1351 the masters' preferential claim to the villeins of their own manor +disappears, or is greatly limited. Henceforth the labourers are to +appear in the market place with their tools, and (reminiscent of +scriptural conditions) wait till some man hired them. The State, not the +lord, is now regulating labour. Labour itself has passed from being +"tied to the soil," and has become fluid. It is no longer a personal +obligation, but a commodity. + +Even Parliament recognised that in many respects at least the old order +had passed away. The statute of 1351 allows "men of the counties of +Stafford, Lancaster, Derby, the borders of Wales and Scotland, &c., to +come in August time to labour in other counties, and to return in +safety, as they were heretofore wont to do." It is the legalisation of +what had been looked at, up till then, askance. The long, silent +revolution had become conscious. But the lords were, as we have said, +not altogether sorry for the turn things had taken. Groaning under +pressure from the King's heavy war taxation, and under the demands which +the advance of new standards of comfort (especially between 1370 and +1400) entailed, they let off on lease even the demesne land, and became +to a very great extent mere rent-collectors. Commutation proceeded +steadily, with much haggling so as to obtain the highest price from the +eager tenant. Wages rose slowly, it is true, but rose all the same; and +rent, though still high, was becoming, on the whole, less intolerable. + +But the drain of the French war, and the peculation in public funds +brought about the final upheaval which completed what the Black Death +had begun. The capricious and unfairly graduated poll-tax of 1381 came +as a climax, and roused the Great Revolt of that year, a revolt +carefully engineered and cleverly organised, which yet for the demands +it made is a striking testimony to the moderation, the good sense, and +also the oppressed state of the English peasant. + +The fourfold petition presented to the King by the rebels was: + + + (1) The abolition of serfdom. + + (2) The reduction of rent to 4_d._ per acre. + + (3) The liberty to buy and sell in market. + + (4) A free pardon. + + +Compare the studiously restrained tone of these articles with the +terrible atrocities and vengeance wreaked by the Jacquerie in France, +and the no less awful mob violence perpetrated in Florence by the +Ciompi. While it shows no doubt in a kindly light the more equitable +rule of the English landholder, it remains a monument, also, of the +fair-mindedness of the English worker. + +In the towns much the same sort of struggle had been going on; for the +towns themselves, more often than not, sprang up on the demesne of some +lord, whether king, Church, or baron. But here the difficulties were +complicated still further by the interference of the Guilds, which in +the various trades regulated the hours of labour, the quality of the +work, and the rate of remuneration. Yet, on the other hand, it is +undoubted that, once the squalor of the earlier stages of urban life had +been removed or at least improved, the social condition of the poor, +from the fourteenth century onwards, was immeasurably superior in the +towns to what it was in the country districts. + +The quickening influence of trade was making itself felt everywhere. In +1331 the cloth trade was introduced at Bristol, and settled down then +definitely in the west of England. In the north we notice the beginnings +of the coal trade. Licence was given to the burgesses of Newcastle to +dig for coal in 1351; and in 1368 two merchants of the same city had +applied for and obtained royal permission to send that precious +commodity "to any part of the kingdom, either by land or water." Even +vast speculations were opening up for English commercial enterprise, +when, by cornering the wool and bribing the King, a ring of merchants +were able to break the Italian banking houses, and disorganise the +European money market, for on the Continent all this energy in trade was +already old. The house of Anjou, for example, had made the kingdom of +Naples a great trading centre. Its corn and cattle were famous the world +over. But in Naples it was the sovereigns (like Edward III and Edward IV +in England) who patronised the commercial instincts of their people. By +the indefatigable genius of the royal house, industry was stimulated, +and private enterprise encouraged. By wise legislation the interests of +the merchants were safeguarded; and by the personal supervision of +Government, fiscal duties were moderated, the currency kept pure and +stable, weights and measures reduced to uniformity, the ease and +security of communications secured. + +No doubt trade not seldom, even in that age, led to much evil. +Parliament in England raised its voice against the trickery and deceit +practised by the greater merchants towards the small shopkeepers, and +complained bitterly of the growing custom of the King to farm out to the +wealthier among them the subsidies and port-duties of the kingdom. For +the whole force of the break-up of feudal conditions was to turn the +direction of power into the hands of a small, but moneyed class. Under +Edward III there is a distinct appearance of a set of _nouveaux riches_, +who rise to great prominence and take their places beside the old landed +nobility. De la Pole, the man who did most to establish the prosperity +of Hull, is an excellent example of what is often thought to be a +decidedly modern type. He introduced bricks from the Low Countries, and +apparently by this means and some curious banking speculations of very +doubtful honesty achieved a great fortune. The King paid a visit to his +country house, and made him Chief Baron of the Exchequer, in which +office he was strongly suspected of not always passing to the right +quarter some of the royal moneys. His son became Earl of Suffolk and +Lord Chancellor; and a marriage with royalty made descendants of the +family on more than one occasion heirs-at-law of the Crown. + +Even the peasant was beginning to feel the amelioration of his lot, +found life easy, and work something to be shirked. In his food, he was +starting to be delicate. Says Langland in his "Vision of Piers Plowman": + + + "Then labourers landless that lived by their hands, + Would deign not to dine upon worts a day old. + No penny-ale pleased them, no piece of good bacon, + Only fresh flesh or fish, well-fried or well-baked, + Ever hot and still hotter to heat well their maw." + + +And he speaks elsewhere of their laziness: + + + "Bewailing his lot as a workman to live, + He grumbles against God and grieves without reason, + And curses the king and his council after + Who licence the laws that the labourers grieve." + + +That the poor could thus become fastidious was a good sign of the rising +standard of comfort. + +But for all that life was hard, and much at the mercy of the weather, +and of the assaults of man's own fellows. The houses of the better folk +were of brick and stone, and glass windows were just becoming known, +whereas the substitute of oiled paper had been neither cheerful nor of +very much protection. But the huts of the poor were of plastered mud; +and even the walls of a quite respectable man's abode, we know from one +court summons to have been pierced by arrows shot at him by a pugnacious +neighbour. The plaintiff offered to take judge and jury then and there +and show them these "horrid weapons" still sticking to the exterior. In +the larger houses the hall had branched off, by the fourteenth century, +into withdrawing-rooms, and parlours, and bedrooms, such as the Paston +Letters describe with much curious wealth of detail. Lady Milicent +Falstolf, we are told, was the only one in her father's household who +had a ewer and washing-basin. + +Yet with all the lack of the modern necessities of life, human nature +was still much the same. The antagonism between rich and poor, which the +collapse of feudal relations had strained to breaking-point, was not +perhaps normally so intense as it is to-day; yet there was certainly +much oppression and unnecessary hardships to be suffered by the weak, +even in that age. The Ancren Riwle, that quaint form of life for +ankeresses drawn up by a Dominican in the thirteenth century, shows +that even then, despite the distance of years and the passing of so many +generations, the manners and ways and mental attitudes of people +depended very much as to whether they were among those who had, or who +had not; the pious author in one passage of homely wit compares certain +of the sisters to "those artful children of rich parents who purposely +tear their clothes that they may have new ones." + +There have always been wanton waste and destitution side by side; and on +the prophecy of the One to whom all things were revealed, we know that +the poor shall be always with us. Yet we must honour those who, like +their Master, strive to smooth away the anxious wrinkles of the world. + + + + +CHAPTER III + +THE COMMUNISTS + + +There have always been religious teachers for whom all material creation +was a thing of evil. Through the whole of the Middle Ages, under the +various names of Manicheans, Albigensians, Vaudois, &c., they became +exceedingly vigorous, though their importance was only fitful. For them +property was essentially unclean, something to be avoided as carrying +with it the in-dwelling of the spirit of evil. Etienne de Bourbon, a +Dominican preacher of the thirteenth century, who got into communication +with one of these strange religionists, has left us a record, +exceedingly unprejudiced, of their beliefs. And amongst their other +tenets, he mentions this, that they condemned all who held landed +property. It will be here noticed that as regards these Vaudois (or Poor +Men of Lyons, as he informs us they were called), there could have been +no question of communism at all, for a common holding of property would +have been as objectionable as private property. To hold material things +either in community or severalty was in either case to bind oneself to +the evil principle. Yet Etienne tells us that there was a sect among +them which did sanction communism; they were called, in fact, the +_Communati_ (_Tractatus de Diversis Materiis Predicabilibus_, Paris, +1877, p. 281). How they were able to reconcile this social state with +their beliefs it is quite impossible to say; but the presumption is that +the example of the early Christians was cited as of sufficient authority +by some of these teachers. Certain it is that a sect still lingered on +into the thirteenth century, called the _Apostolici_, who clung to the +system which had been in vogue among the Apostles. St. Thomas Aquinas +(_Summa Theologica_, 2_a_, 2_ae_, 66, 2) mentions them, and quotes St. +Augustine as one who had already refuted them. But these were seemingly +a Christian body, whereas the Albigensians could hardly make any such +claim, since they repudiated any belief in Christ's humanity, for it +conflicted with their most central dogma. + +Still it is clear that there were in existence certain obscure bodies +which clung to communism. The published records of the Inquisition refer +incessantly to preachers of this kind who denied private property, +asserted that no rich man could get to heaven, and attacked the practice +of almsgiving as something utterly immoral. + +The relation between these teachers and the Orders of friars has never +been adequately investigated. We know that the Dominicans and +Franciscans were from their earliest institution sent against them, and +must therefore have been well acquainted with their errors. And, as a +fact, we find rising among the friars a party which seemed no little +infected with the "spiritual" tendency of these very Vaudois. The +Franciscan reverence for poverty, which the Poor Man of Assisi had so +strenuously advocated, had in fact become almost a superstition. Instead +of being, as the saint had intended it to be, merely a means to an end, +it had in process of time become looked upon as the essential of +religion. When, therefore, the excessive adoption of it made religious +life an almost impossible thing, an influential party among the +Franciscans endeavoured to have certain modifications made which should +limit it within reasonable bounds. But opposed to them was a determined, +resolute minority, which vigorously refused to have any part in such +"relaxations." The dispute between these two branches of the Order +became at last so tempestuous that it was carried to the Pope, who +appointed a commission of cardinals and theologians to adjudicate on the +rival theories. Their award was naturally in favour of those who, by +their reasonable interpretation of the meaning of poverty, were fighting +for the efficiency of their Order. But this drove the extreme party into +still further extremes. They rejected at once all papal right to +interfere with the constitutions of the friars, and declared that only +St. Francis could undo what St. Francis himself had bound up. Nor was +this all, for in the pursuance of their zeal for poverty they passed +quickly from denunciations of the Pope and the wealthy clergy (in which +their rhetoric found very effective matter for argument) into abstract +reasoning on the whole question of the private possession of property. +The treatises which they have left in crabbed Latin and involved methods +of argument make wearisome and irritating reading. Most are exceedingly +prolix. After pages of profound disquisitions, the conclusions reached +seem to have advanced the problem no further. Yet the gist of the whole +is certainly an attempt to deny to any Christian the right to temporal +possessions. Michael of Cesena, the most logical and most effective of +the whole group, who eventually became the Minister-General of this +portion of the Order, does not hesitate to affirm the incompatibility of +Christianity and private property. From being a question as to the +teaching of St. Francis, the matter had grown to one as to the teaching +of Christ; and in order to prove satisfactorily that the practice of +poverty as inculcated by St. Francis was absolute and inviolable, it was +found necessary to hold that it was equally the declared doctrine of +Christ. + +Even Ockham, a brilliant Oxford Franciscan, who, together with Michael, +defended the Emperor, Louis of Bavaria, in his struggle against Pope +John XXII, let fall in the heat of controversy some sayings which must +have puzzled his august patron; for Louis would have been the very last +person for whom communism had any charms. Closely allied in spirit with +these "Spiritual Franciscans," as they were called, or Fraticelli, were +those curious mediaeval bodies of Beguins and Beghards. Hopelessly +pantheistic in their notion of the Divine Being, and following most +peculiar methods of reaching on earth the Beatific Vision, they took up +with the same doctrine of the religious duty of the communistic life. +They declared the practice of holding private property to be contrary to +the Divine Law. + +Another preacher of communism, and one whose name is well known for the +active propaganda of his opinions, and for his share in the English +Peasant Revolt of 1381, was John Ball, known to history as "The Mad +Priest of Kent." There is some difficulty in finding out what his real +theories were, for his chroniclers were his enemies, who took no very +elaborate steps to ascertain the exact truth about him. Of course there +is the famous couplet which is said to have been the text of all his +sermons: + + + "Whaune Adam dalf and Eve span, + Who was thane a gentilman?"[1] + + +at least, so it is reported of him in the _Chronicon Angliae_, the work +of an unknown monk of St. Albans (Roll Series, 1874, London, p. 321). +Froissart, that picturesque journalist, who naturally, as a friend of +the Court, detested the levelling doctrines of this political rebel, +gives what he calls one of John Ball's customary sermons. He is +evidently not attempting to report any actual sermon, but rather to give +a general summary of what was supposed to be Ball's opinions. As such, +it is worth quoting in full. + +"My good friends, things cannot go on well in England, nor ever will +until everything shall be in common; when there shall be neither vassal +nor lord, and all distinctions levelled; when lords shall be no more +masters than ourselves. How ill have they used us! and for what reason +do they thus hold us in bondage? Are we not all descended from the same +parents--Adam and Eve? And what can they show, and what reason give, why +they should be more the masters than ourselves? Except, perhaps, in +making us labour and work for them to spend." Froissart goes on to say +that for speeches of this nature the Archbishop of Canterbury put Ball +in prison, and adds that for himself he considers that "it would have +been better if he had been confined there all his life, or had been put +to death." However, the Archbishop "set him at liberty, for he could not +for conscience sake have put him to death" (Froissart's _Chronicle_, +1848, London, book ii. cap. 73, pp. 652-653). + +From this extract all that can be gathered with certainty is the popular +idea of the opinions John Ball held; and it is instructive to find that +in the Primate's eyes there was nothing in the doctrine to warrant the +extreme penalty of the law. But in reality we have no certainty as to +what Ball actually taught, for in another account we find that, +preaching on Corpus Christi Day, June 13, 1381, during the last days of +the revolt, far fiercer words are ascribed to him. He is made to appeal +to the people to destroy the evil lords and unjust judges, who lurked +like tares among the wheat. "For when the great ones have been rooted up +and cast away, all will enjoy equal freedom--all will have common +nobility, rank, and power." Of course it may be that the war-fever of +the revolt had affected his language; but the sudden change of tone +imputed in the later speeches makes the reader somewhat suspicious of +the authenticity. + +The same difficulty which is experienced in discovering the real mind of +Ball is encountered when dealing with Wat Tyler and Jack Straw, who +were, with him, the leaders of the revolt. The confession of Jack Straw +quoted in the _Chronicon Angliae_, like nearly all mediaeval +"confessions," cannot be taken seriously. His accusers and judges +readily supplied what they considered he should have himself admitted. +Without any better evidence we cannot with safety say along what lines +he pushed his theories, or whether, indeed, he had any theories at all. +Again, Wat Tyler is reported to have spoken threateningly to the King on +the morning of his murder by Lord Mayor Walworth; but the evidence is +once more entirely one-sided, contributed by those who were only too +anxious to produce information which should blacken the rebels in the +minds of the educated classes. As a matter of fact, the purely official +documents, in which we can probably put much more reliance (such as the +petitions that poured in from all parts of the country on behalf of the +peasants, and the proclamations issued by Richard II, in which all their +demands were granted on condition of their immediate withdrawal from the +capital), do not leave the impression that the people really advocated +any communistic doctrines; oppression is complained of, the lawyers +execrated, the labour laws are denounced, and that is practically all. + +It may be, indeed, that the traditional view of Ball and his followers, +which makes them one with the contemporaneous revolts of the Jacquerie +in France, the Ciompi in Florence, &c., has some basis in fact. But at +present we have no means of gauging the precise amount of truth it +contains. + +But even better known than John Ball is one who is commonly connected +with the Peasant Revolt, and whose social opinions are often grouped +under the same heading as that of the "Mad Priest of Kent,"--John +Wycliff, Master of Balliol, and parson of Lutterworth. This Oxford +professor has left us a number of works from which to quarry materials +to build up afresh the edifice he intended to erect. His chief +contribution is contained in his _De Civili Dominio_, but its +composition extended over a long period of years, during which time his +views were evidently changing; so that the precise meaning of his famous +theory on the Dominion of Grace is therefore difficult to ascertain. + +But in the opening of his treatise he lays down the two main "truths" +upon which his whole system rests: + + + I. No one in mortal sin has any right to the gifts of God; + + II. Whoever is in a state of grace has a right, not indeed to + possess the good things of God, but to use them. + + +He seems to look upon the whole question from a feudal point of view. +Sin is treason, involving therefore the forfeiture of all that is held +of God. Grace, on the other hand, makes us the liegemen of God, and +gives us the only possible right to all His good gifts. But, he would +seem to argue, it is incontestable that property and power are from God, +for so Scripture plainly assures us. Therefore, he concludes, by grace, +and grace alone, are we put in dominion over all things; once we are in +loyal subjection to God, we own all things, and hold them by the only +sure title. "Dominion by grace" is thus made to lead direct to +communism. His conclusion is quite clear: _Omnia debent esse communia_. + +In one of his sermons (Oxford, 1869, vol. i. p. 260), when he has proved +this point with much complacent argumentation, he poses himself with the +obvious difficulty that in point of fact this is not true; for many who +are apparently in mortal sin do possess property and have dominion. +What, then, is to be done, for "they be commonly mighty, and no man dare +take from them"? His answer is not very cheerful, for he has to console +his questioner with the barren scholastic comfort that "nevertheless, he +hath them not, but occupieth things that be not his." Emboldened by the +virtue of this dry logic, he breaks out into his gospel of plain +assertion that "the saints have now all things that they would have." +His whole argument, accordingly, does not get very far, for he is still +speaking really (though he does not at times very clearly distinguish +between the two) much more about the right to a thing than its actual +possession. He does not really defend the despoiling of the evil rich at +all--in his own graphic phrase, "God must serve the Devil"; and all that +the blameless poor can do is to say to themselves that though the rich +"possess" or "occupy," the poor "have." It seems a strange sort of +"having"; but he is careful to note that, "as philosophers say, 'having +is in many manners.'" + +Wycliff himself, perhaps, had not definitely made up his mind as to the +real significance of his teaching; for the system which he sketches does +not seem to have been clearly thought out. His words certainly appear to +bear a communistic sense; but it is quite plain that this was not the +intention of the writer. He defends Plato at some length against the +criticism of Aristotle, but only on the ground that the disciple +misunderstood the master: "for I do not think Socrates to have so +intended, but only to have had the true catholic idea that each should +have the use of what belongs to his brother" (_De Civili Dominio_, +London, 1884-1904, vol. i. p. 99). And just a few lines farther on he +adds, "But whether Socrates understood this or not, I shall not further +question. This only I know, that by the law of charity every Christian +ought to have the just use of what belongs to his neighbour." What else +is this really but the teaching of Aristotle that there should be +"private property and common use"? It is, in fact, the very antithesis +of communism. + +Some have thought that he was fettered in his language by his academic +position; but no Oxford don has ever said such hard things about his +Alma Mater as did this master of Balliol. "Universities," says he, +"houses of study, colleges, as well as degrees and masterships in them, +are vanities introduced by the heathen, and profit the Church as little +and as much as does Satan himself." Surely it were impossible to accuse +such a man of economy of language, and of being cowed by any University +fetish. + +His words, we have noted above, certainly can bear the interpretation of +a very levelling philosophy. Even in his own generation he was accused +through his followers of having had a hand in instigating the revolt. +His reply was an angry expostulation (Trevelyan's _England in the Age of +Wycliff_, 1909, London, p. 201). Indeed, considering that John of Gaunt +was his best friend and protector, it would be foolish to connect +Wycliff with the Peasant Rising. The insurgents, in their hatred of +Gaunt, whom they looked upon as the cause of their oppression, made all +whom they met swear to have no king named John (_Chronicon Angliae_, p. +286). And John Ball, whom the author of the _Fasciculi Zizaniorum_ (p. +273, Roll Series, 1856, London) calls the "darling follower" of Wycliff, +can only be considered as such in his doctrinal teaching on the dogma of +the Real Presence. It must be remembered that to contemporary England +Wycliff's fame came from two of his opinions, viz. his denial of a real +objective Presence in the Mass (for Christ was there only by "ghostly +wit"), and his advice to King and Parliament to confiscate Church lands. +But whenever Ball or anyone else is accused of being a follower of +Wycliff, nothing else is probably referred to than the professor's +well-known opinion on the sacrament of the Eucharist. Hence it is that +the _Chronicon Angliae_ speaks of John Ball as having been imprisoned +earlier in life for his Wycliffite errors, which it calls simply +_perversa dogmata_. The "Morning Star of the Reformation" being +therefore declared innocent of complicity with the Peasant Revolt, it +is interesting to note to whom it is that he ascribes the whole force of +the rebellion. For him the head and front of all offending was the hated +friars. + +Against this imputation the four Orders of friars (the Dominicans, +Franciscans, Augustinians, and Carmelites) issued a protest. Fortunately +in their spirited reply they give the reasons on account of which they +are supposed to have shared in the rising. These were principally +negative. Thus it was stated that their influence with the people was so +great that had they ventured to oppose the spirit of revolt their words +would have been listened to (_Fasciculi Zizaniorum_, p. 293). The +chronicler of St. Albans is equally convinced of their weakness in not +preventing it, and declares that the flattery which they used alike on +rich and poor had also no mean share in producing the social unrest +(_Chronicon Angliae_, p. 312). Langland also, in his "Vision of Piers +Plowman," goes out of his way to denounce them for their levelling +doctrines: + + + "Envy heard this and bade friars go to school, + And learn logic and law and eke contemplation, + And preach men of Plato and prove it by Seneca + That all things under Heaven ought to be in common, + And yet he lieth, as I live, and to the lewd so preacheth + For God made to men a law and Moses it taught-- + + _Non concupisces rem proximi tui_" + (Thou shalt not covet thy neighbour's goods). + + +Here then it is distinctly asserted that the spread of communistic +doctrines was due to the friars. Moreover, the same popular opinion is +reflected in the fabricated confession of Jack Straw, for he is made to +declare that had the rebels been successful, all the monastic orders, as +well as the secular clergy, would have been put to death, and only the +friars would have been allowed to continue. Their numbers would have +sufficed for the spiritual needs of the whole kingdom (_Chronicon +Angliae_, p. 309). Moreover, it has been noticed that not a few of them +actually took part in the revolt, heading some of the bands of +countrymen who marched on London. + +It will have been seen, therefore, that Communism was a favourite +rallying-cry throughout the Middle Ages for all those on whom the +oppression of the feudal yoke bore heavily. It was partly also a +religious ideal for some of the strange gnostic sects which flourished +at that era. Moreover, it was an efficient weapon when used as an +accusation, for Wycliff and the friars alike both dreaded its +imputation. Perhaps of all that period, John Ball alone held it +consistently and without shame. Eloquent in the way of popular appeal, +he manifestly endeavoured to force it as a social reform on the +peasantry, who were suffering under the intolerable grievance of the +Statutes of Labourers. But though he roused the countryside to his +following, and made the people for the first time a thing of dread to +nobles and King, it does not appear that his ideas spread much beyond +his immediate lieutenants. Just as in their petitions the rebels made no +doctrinal statements against Church teaching, nor any capital out of +heretical attacks (except, singularly enough, to accuse the Primate, +whom they subsequently put to death, of overmuch leniency to Lollards), +so, too, they made no reference to the central idea of Ball's social +theories. In fact, little abstract matter could well have appealed to +them. Concrete oppression was all they knew, and were this done away +with, it is evident that they would have been well content. + +The case of the friars is curious. For though their superiors made many +attempts to prove their hostility to the rebels, it is evident that +their actual teaching was suspected by those in high places. It is the +exact reversal of the case of Wycliff. His views, which sounded so +favourable to communism, are found on examination to be really nothing +but a plea to leave things alone, "for the saints have now all they +would have"; while on the other hand the theories of the friars, in +themselves so logical and consistent, and in appearance obviously +conservative to the fullest extent, turn out to contain the germ of +revolution. + +Said Lord Acton with his sober wit: "Not the devil, but St. Thomas +Aquinas, was the first Whig." + +FOOTNOTE: + +[1] This rhyme is of course much older than John Ball; _cf._ Richard +Rolle (1300-1349), i. 73, London, 1895. + + + + +CHAPTER IV + +THE SCHOOLMEN + + +The schoolmen in their adventurous quest after a complete harmony of all +philosophic learning could not neglect the great outstanding problems of +social and economic life. They flourished at the very period of European +history when commerce and manufacture were coming back to the West, and +their rise synchronises with the origin of the great houses of the +Italian and Jewish bankers. Yet there was very little in the past +learning of Christian teachers to guide them in these matters, for the +patristic theories, which we have already described, and a few isolated +passages cited in the Decretals of Gratian, formed as yet almost the +only contribution to the study of these sciences. However, this absence +of any organised body of knowledge was for them but one more stimulus +towards the elaboration of a thorough synthesis of the moral aspect of +wealth. A few of the earlier masters made reference, detached and +personal, to the subject of dispute, but it was rather in the form of a +disorderly comment than the definite statement of a theory. + +Then came the translation of Aristotle's _Politics_, with the keen +criticism they contain of the views Plato had advocated. Here at once +the intellect of Europe found an exact exposition of principles, and +began immediately to debate their excellence and their defect. St. +Thomas Aquinas set to work on a literal commentary, and at his express +desire an accurate translation was made direct from the Greek by his +fellow-Dominican, William of Moerbeke. Later on, when all this had had +time to settle and find its place, St. Thomas worked out his own theory +of private property in two short articles in his famous _Summa +Theologica_. In his treatise on Justice, which occupies a large +proportion of the _Secund Secundae_ of the _Summa_, he found himself +forced to discuss the moral evil of theft; and to do this adequately he +had first to explain what he meant by private possessions. Without +these, of course, there could be no theft at all. + +He began, therefore, by a preliminary article on the actual state of +created things--that is, the material, so to say, out of which private +property is evolved. Here he notes that the nature of things, their +constituent essence, is in the hands of God, not man. The worker can +change the form, and, in consequence, the value of a thing, but the +substance which lies beneath all the outward show is too subtle for him +to affect it in any way. To the Supreme Being alone can belong the power +of creation, annihilation, and absolute mutation. But besides this +tremendous force which God holds incommunicably, there is another which +He has given to man, namely, the use of created things. For when man was +made, he was endowed with the lordship of the earth. This lordship is +obviously one without which he could not live. The air, and the forces +of nature, the beasts of the field, the birds and fishes, the vegetation +in fruit and root, and the stretches of corn are necessary for man's +continued existence on the earth. Over them, therefore, he has this +limited dominion. + +Moreover, St. Thomas goes on, man has not merely the present moment to +consider. He is a being possessed of intelligence and will, powers which +demand and necessitate their own constant activity. Instinct, the gift +of brute creation, ensures the preservation of life by its blind +preparation for the morrow. Man has no such ready-made and spontaneous +faculty. His powers depend for their effectiveness on their deliberative +and strenuous exertions. And because life is a sacred thing, a lamp of +which the once extinguished light cannot be here re-enkindled, it +carries with it, when it is intelligent and volitional, the duty of +self-preservation. Accordingly the human animal is bound by the law of +his own being to provide against the necessities of the future. He has, +therefore, the right to acquire not merely what will suffice for the +instant, but to look forward and arrange against the time when his power +of work shall have lessened, or the objects which suffice for his +personal needs become scarcer or more difficult of attainment. Property, +therefore, of some kind or other, says Aquinas, is required by the very +nature of man. Individual possessions are not a mere adventitious luxury +which time has accustomed him to imagine as something he can hardly do +without, nor are they the result of civilised culture, which by the law +of its own development creates fresh needs for each fresh demand +supplied; but in some form or other they are an absolute and dire +necessity, without which life could not be lived at all. Not simply for +his "well-being," but for his very existence, man finds them to be a +sacred need. Thus as they follow directly from the nature of creation, +we can term them "natural." + +St. Thomas then proceeds in his second article to enter into the +question of the rights of private property. The logical result of his +previous argument is only to affirm the need man has of some property; +the practice of actually dividing goods among individuals requires +further elaboration if it is to be reasonably defended. Man must have +the use of the fruits of the earth, but why these rather than those +should belong to him is an entirely different problem. It is the problem +of Socialism. For every socialist must demand for each member of the +human race the right to some possessions, food and other such +necessities. But why he should have this particular thing, and why that +other thing should belong to someone else, is the question which lies at +the basis of all attempts to preserve or destroy the present fabric of +society. Now, the argument which we have so far cited from St. Thomas is +simply based on the indefeasible right of the individual to the +maintenance of his life. Personality implies the right of the individual +to whatever is needful to him in achieving his earthly purpose, but does +not in itself justify the right to private property. + +"Two offices pertain to man with regard to exterior things" (thus he +continues). "The first is the power of procuring and dispensing, and in +respect to this, it is lawful for man to hold things as his own." Here +it is well to note that St. Thomas in this single sentence teaches that +private property, or the individual occupation of actual land or capital +or instruments of wealth, is not contrary to the moral law. Consequently +he would repudiate the famous epigram, "_La Propriété c'est le vol_." +Man may hold and dispose of what belongs to him, may have private +property, and in no way offend against the principles of justice, +whether natural or divine. + +But in the rest of the article St. Thomas goes farther still. Not merely +does he hold the moral proposition that private property is lawful, but +he adds to it the social proposition that private property is necessary. +"It is even necessary," says he, "for human life, and that for three +reasons. Firstly, because everyone is more solicitous about procuring +what belongs to himself alone than that which is common to all or many, +since each shunning labour leaves to another what is the common burden +of all, as happens with a multitude of servants. Secondly, because human +affairs are conducted in a more orderly fashion if each has his own duty +of procuring a certain thing, while there would be confusion if each +should procure things haphazard. Thirdly, because in this way the peace +of men is better preserved, for each is content with his own. Whence we +see that strife more frequently arises among those who hold a thing in +common and individually. The other office which is man's concerning +exterior things, is the use of them; and with regard to this a man ought +not to hold exterior things as his own, but as common to all, that he +may portion them out to others readily in time of need." (The +translation is taken from _New Things and Old_, by H. C. O'Neill, 1909, +London, pp. 253-4.) The wording and argument of this will bear, and is +well worth, careful analysis. For St. Thomas was a man, as Huxley +witnesses, of unique intellectual power, and, moreover, his theories on +private property were immediately accepted by all the schoolmen. Each +succeeding writer did little else than make more clear and defined the +outlines of the reasoning here elaborated. We shall, therefore, make no +further apology for an attempt to set out the lines of thought sketched +by Aquinas. + +It will be noticed at once that the principles on which private property +are here based are of an entirely different nature from those by which +the need of property itself was defended. For the latter we were led +back to the very nature of man himself and confronted with his right and +duty to preserve his own life. From this necessity of procuring supply +against the needs of the morrow, and the needs of the actual hour, was +deduced immediately the conclusion that property of some kind (_i.e._ +the possession of some material things) was demanded by the law of man's +nature. It was intended as an absolute justification of a sacred right. +But in this second article a completely different process is observed. +We are no longer considering man's essential nature in the abstract, but +are becoming involved in arguments of concrete experience. The first was +declared to be a sacred right, as it followed from a law of nature; the +second is merely conditioned by the reasons brought forward to support +it. To repeat the whole problem as it is put in the _Summa_, we can +epitomise the reasoning of St. Thomas in this easier way. The question +of property implies two main propositions: (_a_) the right to property, +_i.e._ to the use of material creation; (_b_) the right to private +property, _i.e._ to the actual division of material things among the +determined individuals of a social group. The former is a sacred, +inalienable right, which can never be destroyed, for it springs from the +roots of man's nature. If man exists, and is responsible for his +existence, then he must necessarily have the right to the means without +which his existence is made impossible. But the second proposition must +be determined quite differently. The kind of property here spoken of is +simply a matter not of right, but of experienced necessity, and is to be +argued for on the distinct grounds that without it worse things would +follow: "it is even necessary for human life, and that for three +reasons." This is a purely conditional necessity, and depends entirely +on the practical effect of the three reasons cited. Were a state of +society to exist in which the three reasons could no longer be urged +seriously, then the necessity which they occasioned would also cease to +hold. In point of fact, St. Thomas was perfectly familiar with a social +group in which these conditions did not exist, and the law of individual +possession did not therefore hold, namely, the religious orders. As a +Dominican, he had defended his own Order against the attacks of those +who would have suppressed it altogether; and in his reply to William of +St. Amour he had been driven to uphold the right to common life, and +consequently to deny that private property was inalienable. + +Of course it was perfectly obvious that for St. Thomas himself the idea +of the Commune or the State owning all the land and capital, and +allowing to the individual citizens simply the use of these common +commodities, was no doubt impracticable; and the three reasons which he +gives are his sincere justification of the need of individual ownership. +Without this division of property, he considered that national life +would become even more full of contention than it was already. +Accordingly, it was for its effectiveness in preventing a great number +of quarrels that he defended the individual ownership of property. + +Besides this article, there are many other expressions and broken +phrases in which Aquinas uses the same phrase, asserting that the actual +division of property was due to human nature. "Each field considered in +itself cannot be looked upon as naturally belonging to one rather than +to another" (2, 2, 57, 3); "distinction of property is not inculcated by +nature" (1_a_, 2_ae_, 94, 5); but again he is equally clear in insisting +on the other proposition, that there is no moral law which forbids the +possession of land in severalty. "The common claim upon things is +traceable to the natural law, not because the natural law dictates that +all things should be held in common, and nothing as belonging to any +individual person, but because according to the natural law there is no +distinction of possessions which comes by human convention" (2_a_, +2_ae_, 66, 2_ad_ 1_m_.). + +To apprehend the full significance of this last remark, reference must +be made to the theories of the Roman legal writers, which have been +already explained. The law of nature was looked upon as some primitive +determination of universal acceptance, and of venerable sanction, which +sprang from the roots of man's being. This in its absolute form could +never be altered or changed; but there was besides another law which had +no such compelling power, but which rested simply on the experience of +the human race. This was reversible, for it depended on specific +conditions and stages of development. Thus nature dictated no division +of property, though it implied the necessity of some property; the need +of the division was only discovered when men set to work to live in +social intercourse. Then it was found that unless divisions were made, +existence was intolerable; and so by human convention, as St. Thomas +sometimes says, or by the law of nature, as he elsewhere expresses it, +the division into private property was agreed upon and took place. + +This elaborate statement of St. Thomas was widely accepted through all +the Middle Ages. Wycliff alone, and a few like him, ventured to oppose +it; but otherwise this extremely logical and moderate defence of +existing institutions received general adhesion. Even Scotus, like +Ockham, a brilliant Oxford scholar whose hidden tomb at Cologne finds +such few pilgrims kneeling in its shade, so hardy in his thought and so +eager to find a flaw in the arguments of Aquinas, has no alternative to +offer. Franciscan though he was, and therefore, perhaps, more likely to +favour communistic teaching, his own theory is but a repetition of what +his rival had already propounded. Thus, for example, he writes in a +typical passage: "Even supposing it as a principle of positive law that +'life must be lived peaceably in a state of polity,' it does not +straightway follow 'Therefore everyone must have separate possessions.' +For peace could be observed even if all things were in common. Nor even +if we presuppose the wickedness of those who live together is it a +necessary consequence. Still a distinction of property is decidedly in +accord with a peaceful social life. For the wicked rather take care of +their private possessions, and rather seek to appropriate to themselves +than to the community common goods. Whence come strife and contention. +Hence we find it (division of property) admitted in almost every +positive law. And although there is a fundamental principle from which +all other laws and rights spring, still from that fundamental principle +positive human laws do not follow absolutely or immediately. Rather it +is as declarations or explanations in detail of that general principle +that they come into being, and must be considered as evidently in accord +with the universal law of nature." (_Super Sententias Quaestiones_, Bk. +4, Dist. 15, q. 2. Venice, 1580.) + +Here again, then, are the same salient points we have already noticed in +the _Summa_. There is the idea clearly insisted on that the division of +property is not a first principle nor an immediate deduction from a +first principle, that in itself it is not dictated by the natural law +which leaves all things in common, that it is, however, not contrary to +natural law, but evidently in accord with it, that its necessity and its +introduction were due entirely to the actual experience of the race. + +Again, to follow the theory chronologically still farther forward, St. +Antonino, whose charitable institutions in Florence have stamped deeply +with his personality that scene of his life's labours, does little more +than repeat the words of St. Thomas, though the actual phrase in which +he here compresses many pages of argument is reproduced from a work by +the famous Franciscan moralist John de Ripa. "It is by no means right +that here upon earth fallen humanity should have all things in common, +for the world would be turned into a desert, the way to fraud and all +manner of evils would be opened, and the good would have always the +worse, and the bad always the better, and the most effective means of +destroying all peace would be established" (_Summa Moralis_, 3, 3, 2, +1). Hence he concludes that "such a community of goods never could +benefit the State." These are none other arguments than those already +advanced by St. Thomas. His articles, already quoted, are indeed the +_Locus Classicus_ for all mediaeval theorists, and, though references +in every mediaeval work on social and economic questions are freely made +to Aristotle's _Politics_, it is evident that it is really Aquinas who +is intended. + +Distinction of property, therefore, though declared so necessary for +peaceable social life, does not, for these thinkers, rest on natural +law, nor a divine law, but on positive human law under the guidance of +prudence and authority. Communism is not something evil, but rather an +ideal too lofty to be ever here realised. It implied so much generosity, +and such a vigour of public spirit, as to be utterly beyond the reach of +fallen nature. The Apostles alone could venture to live so high a life, +"for their state transcended that of every other mode of living" +(Ptolomeo of Lucca, _De Regimine Principio_, book iv., cap. 4, Parma, +1864, p. 273). However, that form of communism which entailed an +absolutely even division of all wealth among all members of the group, +though it had come to them on the authority of Phileas and Lycurgus, was +indeed to be reprobated, for it contradicted the prime feature of all +creation. God made all things in their proper number, weight, and +measure. Yet in spite of all this it must be insisted on at the risk of +repetition that the socialist theory of State ownership is never +considered unjust, never in itself contrary to the moral law. Albertus +Magnus, the master of Aquinas, and the leader in commenting on +Aristotle's _Politics_, freely asserts that community of goods "is not +impossible, especially among those who are well disciplined by the +virtue of philanthropy--that is, the common love of all; for love, of +its own nature, is generous." But to arrange it, the power of the State +must be called into play; it cannot rest on any private authority. "This +is the proper task of the legislator, for it is the duty of the +legislator to arrange everything for the best advantage of the +citizens" (_In Politicis_, ii. 2, p. 70, Lyons, 1651). Such, too, is the +teaching of St. Antonino, who even goes so far as to assert that "just +as the division of property at the beginning of historic time was made +by the authority of the State, it is evident that the same authority is +equally competent to reverse its decision and return to its earlier +social organisation" (_Summa Moralis_, ii. 3, 2, Verona, 1740, p. 182). +He lays down, indeed, a principle so broad that it is difficult to +understand where it could well end: "That can be justly determined by +the prince which is necessary for the peaceful intercourse of the +citizens." And in defence he points triumphantly to the fact that the +prince can set aside a just claim to property, and transfer it to +another who happens to hold it by prescription, on the ground of the +numerous disputes which might otherwise be occasioned. That is to say, +that the law of his time already admitted that in certain circumstances +the State could take what belonged to one and give it to another, +without there being any fault on the part of the previous owner to +justify its forfeiture; and he defends this proceeding on the axiom just +cited (_ibid._, pp. 182-3), namely, its necessity "for the peaceful +intercourse of the citizens." + +The Schoolmen can therefore be regarded as a consistent and logical +school. They had an extreme dislike to any broad generalisation, and +preferred rather, whenever the occasion could be discovered, to +distinguish rather than to concede or deny. Hence, confronted by the +communistic theory of State ownership which had been advanced by Plato, +and by a curious group of strange, heterodox teachers, and which had, +moreover, the actual support of many patristic sayings, and the strong +bias of monastic life, they set out joyfully to resolve it into the +simplest and most unassailable series of propositions. They began, +therefore, by admitting that nature made no division of property, and in +that sense held all things in common; that in the early stages of human +history, when man, as yet unfallen, was conceived as living in the +Garden of Eden in perfect innocency, common property amply satisfied his +sinless and unselfish moral character; that by the Fall lust and greed +overthrew this idyllic state, and led to a continued condition of +internecine strife, and the supremacy of might; that experience +gradually brought men to realise that their only hope towards peaceful +intercourse lay in the actual division of property, and the +establishment of a system of private ownership; that this could only be +set aside by men who were themselves perfect, or had vowed themselves to +pursue perfection, namely, Our Lord, His Apostles, and the members of +religious orders. To this list of what they held to be historic events +they added another which contained the moral deductions to be made from +these facts. This began by the assertion that private property in itself +was not in any sense contrary to the virtue of justice; that it was +entirely lawful; that it was even necessary on account of certain evil +conditions which otherwise would prevail; that the State, however, had +the right in extreme cases and for a just cause to transfer private +property from one to another; that it could, when the needs of its +citizens so demanded, reverse its primitive decision, and re-establish +its earlier form of common ownership; that this last system, however +possible, and however much it might be regretted as a vanished and lost +ideal, was decidedly now a violent and impracticable proceeding. + +These theories, it is evident, though they furnish the only arguments +which are still in use among us to support the present social +organisation, are also patent of an interpretation which might equally +lead to the very opposite conclusion. In his fear of any general +contradiction to communism which should be open to dispute, and in his +ever-constant memory of his own religious life as a Dominican friar, +Aquinas had to mark with precision to what extent and in what sense +private property could be justified. But at the same time he was forced +by the honesty of his logical training to concede what he could in +favour of the other side. He took up in this question, as in every +other, a middle course, in which neither extreme was admitted, but both +declared to contain an element of truth. It is clear, too, that his +scholastic followers, even to our own date, in their elaborate +commentaries can find no escape from the relentless logic of his +conclusions. Down the channel that he dug flowed the whole torrent of +mediaeval and modern scholasticism.[2] But for those whose minds were +practical rather than abstract, one or other proposition he advanced, +isolated from the context of his thought, could be quoted as of moment, +and backed by the greatness of his name. His assertion of the absolute +impracticable nature of socialistic organisation, as he knew it in his +own age, was too good a weapon to be neglected by those who sought about +for means of defence for their own individualistic theories; whereas +others, like the friars of whom Wycliff and Langland spoke, and who +headed bands of luckless peasants in the revolt of 1381 against the +oppression of an over-legalised feudalism, were blind to this remarkable +expression of Aquinas' opinion, and quoted him only when he declared +that "by nature all things were in common," and when he protested that +the socialist theory of itself contained nothing contrary to the +teaching of the gospel or the doctrines of the Church. + +Truth is blinding in its brilliance. Half-truths are easy to see, and +still easier to explain. Hence the full and detailed theory elaborated +by the Schoolmen has been tortured to fit first one and then another +scheme of political reform. Yet all the while its perfect adjustment of +every step in the argument remains a wonderful monument of the +intellectual delicacy and hardihood of the Schoolmen. + +FOOTNOTE: + +[2] _Cf._ Coutenson, _Theologia Mentis et Cordis_, iii. 388-389, Paris, +1875; and Billnart, _De Justitia_, i. 123-124, Liège, 1746. + + + + +CHAPTER V + +THE LAWYERS + + +Besides the Schoolmen, by whom the problems of life were viewed in the +refracted light of theology and philosophy, there was another important +class in mediaeval times which exercised itself over the same social +questions, but visaged them from an entirely different angle. This was +the great brotherhood of the law, which, whether as civil or canonical, +had its own theories of the rights of private ownership. It must be +remembered, too, that just as the theologians supported their views by +an appeal to what were considered historic facts in the origin of +property, so, too, the legalists depended for the material of their +judgment on circumstances which the common opinion of the time admitted +as authentic. + +When the West drifted out from the clouds of barbaric invasion, and had +come into calm waters, society was found to be organised on a basis of +what has been called feudalism. That is to say, the natural and +universal result of an era of conquest by a wandering people is that the +new settlers hold their possessions from the conqueror on terms +essentially contractual. The actual agreements have varied constantly in +detail, but the main principle has always been one of reciprocal rights +and duties. So at the early dawn of the Middle Ages, after the period +picturesquely styled the Wanderings of the Nations, we find the +subjugating races have encamped in Europe, and hold it by a series of +fiefs. The action, for example, of William the Norman, as plainly shown +in Domesday Book, is typical of what had for some three or four +centuries been happening here and on the Continent. Large tracts of land +were parcelled out among the invading host, and handed over to +individual barons to hold from the King on definite terms of furnishing +him with men in times of war, of administering justice within their +domains, and of assisting at his Council Board when he should stand in +need of their advice. The barons, to suit their own convenience, divided +up these territories among their own retainers on terms similar to those +by which they held their own. And thus the whole organisation of the +country was graduated from the King through the greater barons to +tenants who held their possessions, whether a castle, or a farm, or a +single hut, from another to whom they owed suit and service. + +This roughly (constantly varying, and never actually quite so absolutely +carried out) is the leading principle of feudalism. It is clearly based +upon a contract between each man and his immediate lord; but, and this +is of importance in the consideration of the feudal theory of private +property, whatever rights and duties held good were not public, but +private. There was not at the first, and in the days of what we may +call "pure feudalism," any concept of a national law or natural right, +but only a bundle of individual rights. Appeal from injustice was not +made at a supreme law-court, but only to the courts of the barons to +whom both litigants owed allegiance. The action of the King was quite +naturally always directed towards breaking open this enclosed sphere of +influence, and endeavouring to multiply the occasions on which his +officials might interfere in the courts of his subjects. Thus the idea +gradually grew up (and its growth is perhaps the most important matter +of remark in mediaeval history), by which the King's law and the King's +rights were looked upon as dominating those of individuals or groups. +The courts baron and customary, and the sokes of privileged townships +were steadily emptied of their more serious cases, and shorn of their +primitive powers. This, too, was undoubtedly the reason for the royal +interference in the courts Christian (the feudal name for the clerical +criminal court). The King looked on the Church, as he looked on his +barons and his exempted townships, as outside his royal supremacy, and, +in consequence, quarrelled over investiture and criminous clerks, and +every other point in which he had not as yet secured that his writs and +judgments should prevail. There was a whole series of courts of law +which were absolutely independent of his officers and his decision. His +restless energy throughout this period had, therefore, no other aim than +to bring all these into a line with his own, and either to capture them +for himself, or to reduce them to sheer impotence. But at the beginning +there was little notion of a royal judge who should have power to +determine cases in which barons not immediately holding their fiefs of +the King were implicated. The concern of each was only with the lord +next above him. And the whole conception of legal rights was, therefore, +considered simply as private rights. + +The growth of royal power consequently acted most curiously on +contemporary thinkers. It meant centralisation, the setting up of a +definite force which should control the whole kingdom. It resulted in +absolutism increasing, with an ever-widening sphere of royal control. It +culminated in the Reformation, which added religion to the other +departments of State in which royal interference held predominance. Till +then the Papacy, as in some sort "a foreign power," world-wide and +many-weaponed, could treat on more than equal terms with any European +monarch, and secure independence for the clergy. With the lopping off of +the national churches from the parent stem, this energising force from a +distant centre of life ceased. Each separate clerical organisation could +now depend only on its own intrinsic efficiency. For most this meant +absolute surrender. + +The civil law therefore which supplanted feudalism entailed two +seemingly contradicting principles which are of importance in +considering the ownership of land. On the one hand, the supremacy of the +King was assured. The people became more and more heavily taxed, their +lands were subjected to closer inspection, their criminal actions were +viewed less as offences against individuals than as against the peace of +the King. It is an era in which, therefore, as we have already stated, +the power of the individual sinks gradually more and more into +insignificance in comparison with the rising force of the King's +dominion. Private rights are superseded by public rights. + +Yet, on the other hand, and by the development of identically the same +principles, the individual gains. His tenure of land becomes far less a +matter of contract. He himself escapes from his feudal chief, and his +inferior tenants slip also from his control. He is no longer one in a +pyramid of grouped social organisation, but stands now as an individual +answerable only to the head of the State. He has duties still; but no +longer a personal relationship to his lord. It is the King and that +vague abstraction called the State which now claim him as a subject; and +by so doing are obliged to recognise his individual status. This new and +startling prominence of the individual disturbed the whole concept of +ownership. Originally under the influence of that pure feudalism which +nowhere existed in its absolute form, the two great forces in the life +of each member of the social group were his own and that of his +immediate lord. These fitted together into an almost indissoluble union; +and therefore absolute ownership of the soil was theoretically +impossible. Now, however, the individual was emancipated from his lord. +He was still, it is true, subject to the King, whose power might be a +great deal more oppressive than the barons' had been. But the King was +far off, whereas the baron had been near, and nearly always in full +evidence. Hence the result was the emphasis of the individual's absolute +dominion. Not, indeed, as though it excluded the dominion of the King, +but precisely because the royal predominance could only be recognised by +the effective shutting out of the interference of the lord. To exclude +the "middle-man," the King was driven to recognise the absolute dominion +of the individual over his own possessions. + +This is brought out in English law by Bracton and his school. Favourers +as they were of the royal prerogative, they were driven to take up the +paradoxical ground that the King was not the sole owner of property. To +defend the King they were obliged to dispossess him. To put his control +on its most effective basis, they had no other alternative left them +than to admit the fullest rights of the individual against the King. For +only if the individual had complete ownership, could there be no +interference on the part of the lord; only if the possessions of the +tenants were his own, were they prevented from falling under the +baronial jurisdiction. Therefore by apparently denying the royal +prerogative the civil lawyers were in effect, as they perfectly well +recognised, really extending it and enabling it to find its way into +cases and courts where it could not else well have entered. + +Seemingly, therefore, all idea of socialism or nationalisation of land +(at that date the great means of production) was now excluded. The +individualistic theory of property had suddenly appeared; and +simultaneously the old group forms, which implied collectivism in some +shape or other, ceased any longer to be recognised as systems of tenure. +Yet, at the same time, by a paradox as evident as that by which the +civilians exalted the royal prerogative apparently at its own expense, +or as that by which Wycliff's communism is found to be in reality a +justification of the policy of leaving things as they are, while St. +Thomas's theory of property is discovered as far less oppressive and +more adaptable to progressive developments of national wealth, it is +noticed that, from the point of view of the socialist, monarchical +absolutism is the most favourable form of a State's constitution. For +wherever a very strictly centralised system of government exists, it is +clear that a machinery, which needs little to turn it to the advantage +of the absolute rule of a rebellious minority, has been already +constructed. In a country where, on the other hand, local government has +been enormously encouraged, it is obviously far more difficult for +socialism to force an entrance into each little group. There are all +sorts of local conditions to be squared, vagaries of law and +administration to be reduced to order, connecting bridges to be thrown +from one portion of the nation to the next, so as to form of it one +single whole. Were the socialists of to-day to seize on the machinery of +government in Germany and Russia, they could attain their purposes +easily and smoothly, and little difference in constitutional forms would +be observed in these countries, for already the theory of State +ownership and State interference actually obtains. They would only have +to substitute a _bloc_ for a man. But in France and England, where the +centralisation is far less complete, the success of the socialistic +party and its achievement of supreme power would mean an almost entire +subversal of all established methods of administration, for all the +threads would have first to be gathered into a single hand. + +Consequently feudalism, which turned the landowners into petty +sovereigns and insisted on local courts, &c., though seemingly +communistic or socialistic, was really, from its intense local +colouring, far less easy of capture by those who favoured State +interference. It was individualistic, based on private rights. But the +new royal prerogative led the way to the consideration of the evident +ease by which, once the machine was possessed, the rest of the system +could without difficulty be brought into harmony with the new theories. +To make use of comparison, it was Cardinal Wolsey's assumption of full +legatine power by permission of the Pope which first suggested to Henry +VIII that he could dispense with His Holiness altogether. He saw that +the Cardinal wielded both spiritual and temporal jurisdiction. He +coveted his minister's position, and eventually achieved it by ousting +both Clement and Wolsey, who had unwittingly shown him in which way more +power lay. + +So, similarly, the royal despotism itself, by centralising all power +into the hands of a single prince, accustomed men to the idea of the +absolute supremacy of national law, drove out of the field every +defender of the rights of minorities, and thus paved the way for the +substitution of the people for itself. The French Revolution was the +logical conclusion to be drawn from the theories of Louis XIV. It needed +only the fire of Rousseau to burn out the adventitious ornamentation +which in the shape of that monarch's personal glorification still +prevented the naked structure from being seen in all its clearness. +_L'Etat c'est moi_ can be as aptly the watchword of a despotic +oligarchy, or a levelling socialism, as of a kingly tyranny, according +as it passes from the lips of the one to the few or the many. It is true +that the last phase was not completed till long after the Middle Ages +had closed, but the tendency towards it is evident in the teachings of +the civil lawyers. + + +Thus, for example, State absolutism is visible in the various +suggestions made by men like Pierre du Bois and Wycliff (who, in the +expression of their thoughts, are both rather lawyers than schoolmen) to +dispossess the clergy of their temporalities. The principles urged, for +instance, by these two in justification of this spoliation could be +applied equally well to the estates of laymen. For the same principles +put into the King's hand the undetermined power of doing what was +necessary for the well-being of the State. It is true that Pierre du +Bois (_De Recuperatione Terre Sancte_, pp. 39-41, 115-8) asserted that +the royal authority was limited to deal in this way with Church lands, +and could not touch what belonged to others. But this proviso was +obviously inserted so arbitrarily that its logical force could not have +had any effect. Political necessity alone prevented it from being used +against the nobility and gentry. + +Ockham, however, the clever Oxford Franciscan, who formed one of the +group of pamphleteers that defended Louis of Bavaria against Pope John +XXII, quite clearly enlarged the grounds for Church disendowment so as +to include the taking over by the State of all individual property. He +was a thinker whose theories were strangely compounded of absolutism and +democracy. The Emperor was to be supported because his autocracy came +from the people. Hence, when Ockham is arguing about ecclesiastical +wealth, and the way in which it could be quite fairly confiscated by the +Government, he enters into a discussion about the origin of the imperial +dignity. This, he declares, was deliberately handed over by the people +to the Emperor. To escape making the Pope the original donor of the +imperial title, Ockham concedes that privilege to the people. It was +they, the people, who had handed over to the Caesars of the Holy Roman +Empire all their own rights and powers. Hence Louis was a monarch whose +absolutism rested on a popular basis. Then he proceeds in his argument +to say that the human positive law by which private property was +introduced was made by the people themselves, and that the right or +power by which this was done was transferred by them to the Emperor +along with the imperial dignity. + +Louis, therefore, had the same right to undo what they had done, for in +him all their powers now resided. This, of course, formed an excellent +principle from which to argue to his right to dispossess the Church of +its superfluous wealth--indeed of all its wealth. But it could prove +equally effectual against the holding by the individual of any property +whatever. It made, in effect, private ownership rest on the will of the +prince. + +Curiously, too, in quite another direction the same form of argument had +been already worked out by Nicole Oresme, a famous Bishop of Lisieux, +who first translated into French the _Politics_ of Aristotle, and who +helped so largely in the reforms of Charles V of France. His great work +was in connection with the revision of the coinage, on which he composed +a celebrated treatise. He held that the change of the value of money, +either by its deliberate depreciation, or by its being brought back to +its earlier standard of face value, carried such widespread consequences +that the people should most certainly be consulted on it. It was not +fair to them to take such a step without their willing co-operation. Yet +he admits fully that, though this is the wiser and juster way of acting, +there was no absolute need for so doing, since all possession and all +property sprang from the King. And this last conclusion was advocated by +his rival, Philip de Meziers, whose advice Charles ultimately followed. +Philip taught that the king was sole judge of whatever was for public +use. + +But there was a further point in the same question which afforded matter +for an interesting discussion among the lawyers. Pope Innocent IV, who +had first been famous as a canonist, and retained as Pontiff his old +love for disputations of this kind, developed a theory of his own on the +relation between the right of the individual to possess and the right +of the State over that possession. He distinguished carefully between +two entirely different concepts, namely, the right and its exercise. The +first he admitted to be sacred and inviolable, because it sprang from +the very nature of man. It could not be disturbed or in any way +molested; the State had therefore no power to interfere with the right. +But he suggested that the exercise of that right, or, to use his actual +phrase, the "actions in accord with that right," rested on the basis of +civil, positive law, and could therefore be controlled by legal +decisions. The right was sacred, its exercise was purely conventional. +Thus every man has a right to property; he can never by any possible +means divest himself of it, for it is rooted in the depths of his being, +and supported by his human nature. But this right appears especially to +be something internal, intrinsic. For him to exercise it--that is to +say, to hold this land or that, or indeed any land at all--the State's +intervention must be secured. At least the State can control his action +in buying, selling, or otherwise obtaining it. His right cannot be +denied, but for reasons of social importance its exercise well may be. +Nor did this then appear as a merely unmeaning distinction; he would not +admit that a right which could not be exercised was hardly worth +consideration. And, in point of fact, the Pope's private theory found +very many supporters. + +There were others, however, who judged it altogether too fantastical. +The most interesting of his opponents was a certain Antonio Roselli, a +very judiciously-minded civil lawyer, who goes very thoroughly into the +point at issue. He gives Innocent's views, and quotes what authority he +can find for them in the Digest and Decretals. But for himself he would +prefer to admit that the right to private property is not at all sacred +or natural in the sense of being inviolable. He willingly concedes to +the State the right to judge all claims of possession. This is the more +startling since ordinarily his views are extremely moderate, and +throughout the controversy between Pope and Emperor he succeeded in +steering a very careful, delicate course. To him, however, all rights to +property were purely civil and arguable only on principles of positive +law. There was no need, therefore, to discriminate between the right and +its exercise, for both equally could be controlled by the State. There +are evidences to show that he admitted the right of each man to the +support of his own life, and, therefore, to private property in the form +of actual food, &c., necessary for the immediate moment; but he +distinctly asserts as his own personal idea that "the prince could take +away my right to a thing, and any exercise of that right," adding only +that for this there must be some cause. The prince cannot arbitrarily +confiscate property; he must have some reasonable motive of sufficient +gravity to outweigh the social inconveniences which confiscation would +necessarily produce. Not every cause is a sufficient one, but those only +which concern "public liberty or utility." Hence he decides that the +Pope cannot alienate Church lands without some justifying reason, nor +hand them over to the prince unless there happens to be an urgent need, +springing from national circumstances. It does not follow, however, that +he wishes to make over to the State absolute right to individual +property under normal conditions. The individual has the sole dominion +over his own possessions; that dominion reverts to the State only in +some extreme instance. His treatise, therefore (Goldast, _De Monarchia_, +1611-1614, Hanover, p. 462, &c.), may be looked upon as summing up the +controversy as it then stood. The legal distinction suggested by +Innocent IV had been given up by the lawyers as insufficient. The +theories of Du Bois, Wycliff, Ockham, and the others had ceased to have +much significance, because they gave the royal power far too absolute a +jurisdiction over the possessions of its subjects. The feudal +contractual system, which these suggested reforms had intended to drive +out, had failed for entirely different reasons, and could evidently be +brought back only at the price of a complete and probably unsuccessful +disturbance of the social and economic organisation. The centralisation +which had risen on the ruins of the older local sovereignties and +immunities, had brought with it an emphasised recognition of the public +rights and duties of all subjects, and had at the same time confirmed +the individual in the ownership of his little property, and given him at +the last not a conditional, but an absolute possession. To safeguard +this, and to prevent it from becoming a block in public life, a factor +of discontent, the lawyers were engaged in framing an additional clause +which should give to the State an ultimate jurisdiction, and would +enable it to overrule any objections on the part of the individual to a +national policy or law. The suggested distinction that the word "right" +should be emptied of its deeper meaning, by refusing it the further +significance of "exercise," was too subtle and too legal to obtain much +public support. So that the lawyers were driven to admit that for a just +cause the very right itself could be set aside, and every private +possession (when public utility and liberty demanded it) confiscated or +transferred to another. + +Even the right to compensation for such confiscation was with equal +cleverness explained away. For it was held that, when an individual had +lost his property through State action, and without his having done +anything to deserve it as a punishment, compensation could be claimed. +But whenever a whole people or nation was dispossessed by the State, +there was no such right at all to any indemnity. + +Thus was the wholesale adoption of land-nationalism to be justified. +Thus could the State capture all private possessions without any fear of +being guilty of robbery. It was considered that it was only the +oppression of the individual and class spoliation which really +contravened the moral law. + +The legal theories, therefore, which supplanted the old feudal concepts +were based on the extension of royal authority, and the establishment of +public rights. Individualistic possession was emphasised; yet the +simultaneous setting up of the absolute monarchies of the sixteenth +century really made their ultimate capture by the Socialist party more +possible. + + + + +CHAPTER VI + +THE SOCIAL REFORMERS + + +It may seem strange to class social reforms under the wider heading of +Socialistic Theories, and the only justification for doing so is that +which we have already put forward in defence of the whole book; namely, +that the term "socialistic" has come to bear so broad an interpretation +as to include a great deal that does not strictly belong to it. And it +is only on the ground of their advocating State interference in the +furtherance of their reforms that the reformers here mentioned can be +spoken of as socialistic. + +Of course there have been reformers in every age who came to bring to +society their own personal measures of relief. But in the Middle Ages +hardly a writer took pen in hand who did not note in the body politic +some illness, and suggest some remedy. Howsoever abstruse might be the +subject of the volume, there was almost sure to be a reference to +economic or social life. It was not an epoch of specialists such as is +ours. Each author composed treatises in almost every branch of learning. +The same professor, according to mediaeval notions, might lecture to-day +on Scripture, to-morrow on theology or philosophy, and the day after on +natural science. For them a university was a place where each student +learnt, and each professor taught, universal knowledge. Still from time +to time men came to the front with some definite social message to be +delivered to their own generation. Some were poets like Langland, some +strike-leaders like John Ball, some religious enthusiasts like John +Wycliff, some royal officials like Pierre du Bois. + +This latter in his famous work addressed to King Edward I of England +(_De Recuperatione Sancte Terre_), has several most interesting and +refreshing chapters on the education of women. His bias is always +against religious orders, and, consequently, he favours the suppression +of almost every conventual establishment. Still, as these were at his +own date the only places where education could be considered to exist at +all, he had to elaborate for himself a plan for the proper instruction +of girls. First, of course, the nunneries must be confiscated by +Government. For him this was no act of injustice, since he regarded the +possessions of the whole clerical body as something outside the ordinary +laws of property. But having in this way cleared the ground of all +rivals, and captured some magnificent buildings, he can now go forward +in his scheme of education. He insists on having only lay-mistresses, +and prescribes the course of study which these are to teach. There +should be, he held, many lectures on literature, and music, and poetry, +and the arts and crafts of home life. Embroidery and home-management are +necessities for the woman's work in after years, so they must be +acquired in these schools. But education cannot limit itself to these +branches of useful knowledge. It must take the woman's intelligence and +develop that as skilfully as it does the man's. She is not inferior to +him in power of reason, but only in her want of its right cultivation. +Hence the new schools are to train her to equal man in all the arts of +peace. Such is the main point in his programme, which even now sounds +too progressive for the majority of our educational critics. He appeals +for State interference that the colleges may be endowed out of the +revenues of the religious houses, and that they may be supported in such +a fashion as would always keep them abreast of the growing science of +the times. And when, after a schooling of such a kind as this, the girls +go out into their life-work as wives and mothers, he would wish them a +more complete equality with their men-folk than custom then allowed. The +spirit of freedom which is felt working through all his papers makes him +the apostle of what would now be called the "new woman." + +After him, there comes a lull in reforming ideas. But half a century +later occurs a very curious and sudden outburst of rebellion all over +Europe. From about the middle of the fourteenth century to the early +fifteenth there seemed to be an epidemic of severe social unrest. There +were at Paris, which has always been the nursery of revolutions, four +separate risings. Etienne Marcel, who, however, was rather a tribune of +the people than a revolutionary leader, came into prominence in 1355; +he was followed by the Jacquerie in 1358, by the Maillotins in 1382, and +the Cabochiens in 1411. In Rome we know of Rienzi in 1347, who +eventually became hardly more than a popular demagogue; in Florence +there was the outbreak of Ciompi in 1378; in Bohemia the excesses of +Taborites in 1409; in England the Peasant Revolt of 1381. + +It is perfectly obvious that a series of social disturbances of this +nature could not leave the economic literature of the succeeding period +quite as placid as it had found it. We notice now that, putting away +questions of mere academic character, the thinkers and writers concern +themselves with the actual state of the people. Parliament has its +answer to the problem in a long list of statutes intended to muzzle the +turbulent and restless revolutionaries. But this could not satisfy men +who set their thought to study the lives and circumstances of their +fellow-citizens. Consequently, as a result, we can notice the rise of a +school of writers who interest themselves above all things in the +economic conditions of labour. Of this school the easiest exponent to +describe is Antonino of Florence, Archbishop and canonised saint. His +four great volumes on the exposition of the moral law are fascinating as +much for the quotations of other moralists which they contain, as for +the actual theories of the saint himself. For the Archbishop cites on +almost every page contemporary after contemporary who had had his say on +the same problems. He openly asserts that he has read widely, taken +notes of all his reading, has deliberately formed his opinions on the +judgments, reasoned or merely expressed, of his authors. To read his +books, then, is to realise that Antonino is summing up the whole +experience of his generation. Indeed he was particularly well placed for +one who wished for information. Florence, then at the height of its +renown under the brilliant despotism of Cosimo dei Medici, was the scene +where the great events of the life of Antonino took place. There he had +seen within the city walls, three Popes, a Patriarch of Constantinople, +the Emperors of East and West, and the most eminent men of both +civilisations. He had taken part in a General Council of the Church, and +knew thinkers as widely divergent as Giovanni Dominici and Æneas Sylvius +Piccolomini. He was, therefore, more likely than most to have heard +whatever theories were proposed by the various great political statesmen +of Europe, whether they were churchmen or lawyers. Consequently, his +schemes, as we might well expect, are startlingly advanced. + +He begins by attacking the growing spirit of usury, and the resulting +idleness. Men were finding out that under the new conditions which +governed the money market it was possible to make a fortune without +having done a day's work. The sons of the aristocracy of Florence, which +was built up of merchant princes, and which had amassed its own fortunes +in honest trading, had been tempted by the bankers to put their wealth +out to interest, and to live on the surplus profit. The ease and +security with which this could be done made it a popular investment, +especially among the young men of fashion who came in, simply by +inheritance, for large sums of money. As a consequence Florence found +itself, for the first time in its history, beginning to possess a +wealthy class of men who had never themselves engaged in any profession. +The old reverence, therefore, which had always existed in the city for +the man who laboured in his art or guild, began to slacken. No longer +was there the same eagerness noticeable which used to boast openly that +its rewards consisted in the consciousness of work well done. Instead, +idleness became the badge of gentility, and trade a slur upon a man's +reputation. No city can long survive so listless and languid an ideal. +The Archbishop, therefore, denounced this new method of usurious +traffic, and hinted further that to it was due the fierce rebellion +which had for a while plunged Florence into the horrors of the +Jacquerie. Wealth, he taught, should not of itself breed wealth, but +only through the toil of honest labour, and that labour should be the +labour of oneself, not of another. + +Then he proceeded to argue that as upon the husband lies the labour of +trade, the greater portion of his day must necessarily be passed outside +the circle of family life. The breadwinner can attend neither to works +of piety nor of charity in the way he should, and, consequently, to his +wife it must be left to supply for his defects. She must take his place +in the church, and amid the slums of the poor; she must for him and his +lift her hands in prayer, and dispense his superfluous wealth in +succouring the poverty-stricken. For the Archbishop will have none of +the soothing doctrine which the millionaire preaches to the mob. He +asserts that poverty is not a good thing; in itself it is an evil, and +can be considered to lead only accidentally to any good. When, +therefore, it assumes the form of destitution, every effort must be made +to banish it from the State. For if it were to become at all prevalent +in a nation, then would that people be on the pathway to its ruin. The +politicians should therefore make it the end of their endeavours--though +this, it may be, is an ideal which can never be fully brought to +realisation--to leave each man in a state of sufficiency. No one, for +whatever reason, should be allowed to become destitute. Even should it +be by his own fault that he were brought low, he must be provided for by +the State, which has, however, in these circumstances, at the same time, +the duty of punishing him. + +But he remarks that the cause of poverty is more often the unjust rate +of wages. The competition even of those days made men beat each other +down in clamouring for work to be given them, and afforded to the +employers an opportunity of taking workers who willingly accepted an +inadequate scale of remuneration. This state of things he considered to +be unjustifiable and unjust. No one had any right to make profit out of +the wretchedness of the poor. Each human being had the duty of +supporting his own life, and this he could not do except by the hiring +of his own labour to another. That other, therefore, by the immutable +laws of justice, when he used the powers of his fellow-man, was obliged +in conscience to see that those powers could be fittingly sustained by +the commodity which he exchanged for them. That is, the employer was +bound to take note that his employees received such return for their +labour as should compensate them for his use of it. The payment promised +and given should be, in other words, what we would now speak of as a +"living wage." But further, above this mere margin, additional rewards +should be added according to the skill of the workman, or the dangerous +nature of his employment, or the number of his children. The wages also +should be paid promptly, without delay. + +But it may sometimes happen that the labour which a man can contribute +is not of such a kind as will enable him to receive the fair +remuneration that should suffice for his bodily comfort. The saint is +thinking of boy-labour, and the case of those too enfeebled by age or +illness to work adequately, or perhaps at all. What is to be done for +them? Let the State look to it, is his reply. The community must, by the +law of its own existence, support all its members, and out of its +superfluous wealth must provide for its weaker citizens. Those, +therefore, who can labour harder than they need, or who already possess +more riches than suffice for them, are obliged by the natural law of +charity to give to those less favourably circumstanced than themselves. + +St. Antonino does not, therefore, pretend to advocate any system of +rigid equality among men. There is bound to be, in his opinion, variety +among them, and from this variety comes indeed the harmony of the +universe. For some are born to rule, and others, by the feebleness of +their understanding or of their will, are fitted only to obey. The +workman and servant must faithfully discharge the duties of their trade +or service, be quick to receive a command, and reverent in their +obedience. And the masters, in their turn, must be forbearing in their +language, generous in their remuneration, and temperate in their +commands. It is their business to study the powers of each of those whom +they employ, and to measure out the work to each one according to the +capacity which is discoverable in him. When a faithful labourer has +become ill, the employer must himself tend and care for him, and be in +no hurry to send him to a hospital. + +About the hospitals themselves he has his own ideas, or at least he has +picked out the sanest that he can find in the books and conversation of +people whom he has come across. He insists strongly that women should, +as matrons and nurses, manage those institutions which are solely for +the benefit of women; and even in those where men also are received, he +can see no incompatibility in their being administered by these same +capable directors. He much commends the custom of chemists in Florence +on Sundays, feast-days, and holidays of opening their dispensaries in +turn. So that even should all the other shops be closed, there would +always be one place open where medicines and drugs could be obtained in +an emergency. + +The education of the citizens, too, is another work which the State must +consider. It is not something merely optional which is to be left to the +judgment of the parent. The Archbishop holds that its proper +organisation is the duty of the prince. Education, in his eyes, means +that the children must be taught the knowledge of God, of letters, and +of the arts and crafts they are to pursue in after life. + +Again, he has thought out the theory of taxation. He admits its +necessity. The State is obliged to perform certain duties for the +community. It is obliged, for example, to make its roads fit for +travelling, and so render them passable for the transfer of merchandise. +It is bound to clear away all brigandage, highway robbery, and the like, +for were this not done, no merchant would venture out through that +State's territory, and its people would accordingly suffer. + +Hence, again, he deduces the need for some sort of army, so that the +goods of the citizens may be secured against the invader, for without +this security there would be no stimulus to trade. Bridges must be +built, and fords kept in repair. Since, therefore, the State is obliged +to incur expenses in order to attain these objects, the State has the +right, and indeed the duty, to order it so that the community shall pay +for the benefits which it is to receive. Hence follows taxation. + +But he sees at once that this power of demanding forced contributions +from wealthy members of society needs safeguarding against abuse. Thus +he is careful to insist that taxation can be valid only when it is +levied by public authority, else it becomes sheer brigandage. No less is +it to be reprobated when ordered indeed by public authority, but not +used for public benefit. Thus, should it happen that a prince or other +ruler of a State extorted money from his subjects on pretence of keeping +the roads in good order, or similar works for the advantage of the +community, and yet neglected to put the contributions of his people to +this use, he would be defrauding the public, and guilty of treason +against his country. So, too, to lay heavier burdens on his subjects +than they could bear, or to graduate the scale in such a fashion as to +weigh more heavily on one class than another, would be, in the ruler, an +aggravated form of theft. Taxation must therefore be decreed by public +authority, and be arranged according to some reasonable measure, and +rest on the motive of benefiting the social organisation. + +The citizens therefore who are elected to settle the incidence of +taxation must be careful to take account of the income of each man, and +so manage that on no one should the burden be too oppressive. He +suggests himself the percentage of one pound per hundred. Nor, again, +must there be any deliberate attempt to penalise political opponents, or +to make use of taxation in order to avenge class-oppression. Were this +to be done, the citizens so acting would be bound to make restitution to +the persons whom they had thus injured. + +Then St. Antonino takes the case of those who make a false declaration +of their income. These, too, he convicts of injustice, and requires of +them that they also should make restitution, but to the State. An +exception to this, however, he allows. For if it happens to be the +custom for each to make a declaration of income which is obviously below +the real amount, then simply because all do it and all are known to do +it, there is no obligation for the individual to act differently from +his neighbours. It is not injustice, for the law evidently recognises +the practice. And were he, on the other hand, to announce his full +yearly wage of earnings, he would allow himself to be taxed beyond the +proper measure of value. But to refuse to pay, or to elude by some +subterfuge the just contribution which a man owes of his wealth to the +easing of the public burdens, is in the eyes of the Archbishop a crime +against the State. It would be an act of injustice, of theft, all the +more heinous in that, as he declares with a flash of the energy of +Rousseau, the "common good is something almost divine." + +We have dwelt rather at length on the schemes of this one economist, and +may seem, therefore, to have overlooked the writings of others equally +full of interest. But the reason has been because this Florentine +moralist does stand so perfectly for a whole school. He has read +omnivorously, and has but selected most of his thoughts. He compares +himself, indeed, in one passage of these volumes, to the laborious ant, +"that tiny insect which wanders here and there, and gathers together +what it thinks to be of use to its community." He represents a whole +school, and represents it at its best, for there is no extreme dogmatism +in him, no arguing from grounds that are purely arbitrary, or from _a +priori_ principles. It is his knowledge of the people among whom he had +laboured so long which fits him to speak of the real sufferings of the +poor. But experience requires for its being effectually put to the best +advantage, that it should be wielded by one whose judgment is sober and +careful. Now, St. Antonino was known in his own day as Antonino the +Counsellor; and his justly-balanced decision, his delicately-poised +advice, the straightness of his insight, are noticeable in the masterly +way in which he sums up all the best that earlier and contemporary +writers had devised in the domain of social economics. + +There is, just at the close of the period with which this book deals, a +rising school of reformers who can be grouped round More's _Utopia_. +Some foreshadowed him, and others continued his speculations. Men like +Harrington in his _Oceana_, and Milton in his _Areopagitica_, really +belong to the same band; but life for them had changed very greatly, and +already become something far more complex than the earlier writers had +had to consider. There seemed no possibility of reforming it by the +simple justice which St. Antonino and his fellows judged to be +sufficient to set things back again as they had been in the Golden Age. +The new writers are rather political than social. For them, as for the +Greeks, it is the constitution which must be repaired. Whereas the +mediaeval socialists thought, as St. Thomas indeed never wearied of +repeating, that unrest and discontent would continue under any form of +government whatever. The more each city changed its constitution, the +more it remained the same. Florence, whether under a republic or a +despotism, was equally happy and equally sad. For it was the spirit of +government alone which, in the eyes of the scholastic social writers, +made the State what it happened to be. + +In this the modern sociologist of to-day finds himself more akin with +the mediaeval thinkers than with the idealists of the parliamentary era +in England, or of the Revolution in France. These fixed their hopes on +definite organisations of government, and on the exact balance of +executive and legislative powers. But for Scotus, and Wycliff, and St. +Antonino, the cause of the evil is far deeper and more personal. Not in +any form of the constitution, nor in any division of ruling authority, +nor in its union under a firm despot, nor in the divine right of kings, +or nobles, or people, was security to be found, or the well-ordering of +the nation. But peace and rest from faction could be achieved with +certainty only on the conditions of strict justice between man and man, +on the observance of God's commandments. + + + + +CHAPTER VII + +THE THEORY OF ALMSGIVING + + +Any description of mediaeval socialistic ideals which contained no +reference to mediaeval notions of almsgiving would not be complete. +Almsgiving was for them a necessary corollary to their theories of +private possession. In the passage already quoted from St. Thomas +Aquinas (p. 45), wherein he sets forth the theological aspect of +property, he makes use of a broad distinction between what he calls "the +power of procuring and dispensing" exterior things and "the use of +them." We have already at some length tried to show what economists then +meant by this first "power." Now we must establish the significance of +what they intended by the second. And to do this the more clearly it +will be as well to repeat the words in which St. Thomas briefly notes +it: "The other office which is man's concerning exterior things is the +use of them; and with regard to this a man ought not to hold exterior +things as his own, but as common to all, that he may portion them out +readily to others in time of need." + +In this sentence is summed up the whole mediaeval concept of the law of +almsdeeds. Private property is allowed--is, in fact, necessary for human +life--but on certain conditions. These imply that the possession of +property belongs to the individual, but also that the use of it is not +limited to him. The property is private, the use should be common. +Indeed, it is only this common enjoyment which at all justifies private +possession. It was as obvious then as now that there were inequalities +in life, that one man was born to ease or wealth, or a great name, +whereas another came into existence without any of these advantages, +perhaps even hampered by positive disadvantages. Henry of Langenstein +(1325-1397) in his famous _Tractatus de Contractibus_ (published among +the works of Gerson at Cologne, 1484, tom. iv. fol. 188), draws out this +variety of fortune and misfortune in a very detailed fashion, and puts +before his reader example after example of what they were then likely to +have seen. But all the while he has his reason for so doing. He +acknowledges the fact, and proceeds from it to build up his own +explanation of it. The world is filled with all these men in their +differing circumstances. Now, to make life possible for them, he asserts +that private property is necessary. He is very energetic in his +insistence upon that point. Without private property he thinks that +there will be continual strife in which might, and not right, will have +the greater probability of success. But simultaneously, and as a +corrective to the evils which private property of itself would cause +there should be added to it the condition of common use. That is to say, +that although I own what is mine, yet I should put no obstacle in the +way of its reasonable use by others. This is, of course, really the +ideal of Aristotle in his book of _Politics_, when he makes his reply to +Plato's communism. In Plato's judgment, the republic should be governed +in the reverse way, _Common property and private use_; he would really +make this, which is a feature of monastic life, compulsory on all. But +Aristotle, looking out on the world, an observer of human nature, a +student of the human heart, sets up as more feasible, more practical, +the phrase which the Middle Ages repeat, _Private property and common +use_. The economics of a religious house are hardly of such a kind, +thought the mediaevalists, as to suit the ways and fancies of this +workaday world. + +But the Middle Ages do not simply repeat, they Christianise Aristotle. +They are dominated by his categories of thought, but they perfect them +in the light of the New Dispensation. Faith is added to politics, love +of the brotherhood is made to extend the mere brutality of the +economists' teaching. In "common use" they find the philosophic name for +"almsdeeds." "A man ought not to hold exterior things as his own, but as +common to all, that he may portion them out readily to others in time of +need." This sentence, an almost literal translation from the _Book of +Politics_, takes on a fuller meaning and is softened by the +unselfishness of Christ when it is found in the _Summa Theologica_ of +Aquinas. + +Let us take boldly the passage from St. Thomas in which he lays down the +law of almsgiving. + +(2_a_, 2_ae_, 32, 5.) "Since love of one's neighbour is commanded us, it +follows that everything without which that love cannot be preserved, is +also commanded us. But it is essential to the love of one's neighbour, +not merely to wish him well, but to act well towards him; as says St. +John (1 Ep. 3), 'Let us not love in word nor in tongue, but in deed and +in truth.' But to wish and to act well towards anyone implies that we +should succour him when he is in need, and this is done by almsgiving. +Hence almsgiving is a matter of precept. But because precepts are given +in things that concern virtuous living, the almsgiving here referred to +must be of such a kind as shall promote virtuous living. That is to say, +it must be consonant with right reason; and this in turn implies a +twofold consideration, namely, from the point of view of the giver, and +from that of the receiver. As regards the giver, it must be noted that +what is given should not be necessary to him, as says St. Luke 'That +which is superfluous, give in alms.' And by 'not necessary' I mean not +only to himself (_i.e._ what is over and above his individual needs), +but to those who depend on him. For a man must first provide for himself +and those of whom he has the care, and can then succour such of the rest +as are necessitous--that is, such as are without what their personal +needs entail. For so, too, nature provides that nutrition should be +communicated first to the body, and only secondly to that which is to be +begotten of it. As regards the receiver, it is required that he should +really be in need, else there is no reason for alms being given him. But +since it is impossible for one man to succour all who are in need, he is +only under obligation to help such as cannot otherwise be provided for. +For in this case the words of Ambrose become applicable: 'Feed them +that are dying of starvation, else shall you be held their murderer.' +Hence it is a matter of precept to give alms to whosoever is in extreme +necessity. But in other cases (namely, where the necessity is not +extreme) almsgiving is simply a counsel, and not a command." + +(_Ad_ 2_m._) "Temporal goods which are given a man by God are his as +regards their possession, but as regards their use, if they should be +superfluous to him, they belong also to others who may be provided for +out of them. Hence St. Basil says: 'If you admit that God gave these +temporal goods to you, is God unjust in thus unequally distributing His +favours? Why should you abound, and another be forced to beg, unless it +is intended thereby that you should merit by your generosity, and he by +his patience? For it is the bread of the starving that you cling to; it +is the clothes of the naked that hang locked in your wardrobe; it is the +shoes of the barefooted that are ranged in your room; it is the silver +of the needy that you hoard. For you are injuring whoever is in want.' +And Ambrose repeats the same thing." + +Here it will be noticed that we find the real meaning of those words +about a man's duty of portioning out readily to another's use what +belongs to himself. It is the correlative to the right to private +property. + +But a second quotation must be made from another passage closely +following on the preceding: + +"There is a time when to withhold alms is to commit mortal sin. Namely, +when on the part of the receiver there is evident and urgent necessity, +and he does not seem likely to be provided for otherwise, and when on +the part of the giver he has superfluities of which he has not any +probable immediate need. Nor should the future be in question, for this +would be looking to the morrow, which the Master has forbidden (Matt. +6)." + +(_Ibid._, 32, 6.) "But 'superfluous' and 'necessity' are to be +interpreted according to their most probable and generally accepted +meaning. 'Necessary' has two meanings. First, it implies something +without which a thing cannot exist. Interpreted in this sense, a man has +no business to give alms out of what is necessary to him; for example, +if a man has only enough wherewith to feed himself and his sons or +others dependent on him. For to give alms out of this would be to +deprive himself and his of very life, unless it were indeed for the sake +of prolonging the life of someone of extreme importance to Church and +State. In that case it might be praiseworthy to expose his life and the +lives of others to grave risk, for the common good is to be preferred to +our own private interests. Secondly, 'necessary' may mean that without +which a person cannot be considered to uphold becomingly his proper +station, and that of those dependent on him. The exact measure of this +necessity cannot be very precisely determined, as to how far things +added may be beyond the necessity of his station, or things taken away +be below it. To give alms, therefore, out of these is a matter not of +precept, but of counsel. For it would not be right to give alms out of +these, so as to help others, and thereby be rendered unable to fulfil +the obligations of his state of life. For no one should live +unbecomingly. Three exceptions, however, should be made. First, when a +man wishes to change his state of life. Thus it would be an act of +perfect virtue if a man, for the purpose of entering a religious order, +distributed to the poor for Christ's sake all that he possessed. +Secondly, when a man gives alms out of what is necessary for his state +of life, and yet does so knowing that they can very easily be supplied +to him again without much personal inconvenience. Thirdly, when some +private person, still more when the State itself, is in the gravest +need. In these cases it would be most praiseworthy for a man to give +what seemingly was required for the upkeep of his station in life in +order to provide against some far greater need." + +From these passages it will be possible to construct the theory in vogue +during the whole of the Middle Ages. The landholder was considered to +possess his property on a system of feudal tenure, and to be obliged +thereby to certain acts of suit and service to his immediate lord, or +eventually to the King. But besides these burdens which the +responsibility of possession entailed, there were others incumbent on +him, because of his brotherhood with all Christian folk. He owed a debt, +not merely to his superiors, but also to his equals. Such was the +interpretation of Christ's commandment which the mediaeval theologians +adopted. With one voice they declare that to give away to the needy what +is superfluous is no act of charity, but of justice. St. Jerome's words +were often quoted: "If thou hast more than is necessary for thy food and +clothing, give that away, and consider that in thus acting thou art but +paying a debt" (Epist. 50 ad Edilia q. i.); and those others of St. +Augustine, "When superfluities are retained, it is the property of +others which is retained" (in Psalm 147). These and like sayings of the +Fathers constitute the texts on which the moral economic doctrine of +what is called the Scholastic School is based. Albertus Magnus (vol. iv. +in Sent. 4, 14, p. 277, Lyons, 1651) puts to himself the question +whether to give alms is a matter of justice or of charity, and the +answer which he makes is compressed finally into this sentence: "For a +man to give out of his superfluities is a mere act of justice, because +he is rather the steward of them for the poor than the owner." St. +Thomas Aquinas is equally explicit, as another short sentence shall show +(2_a_, 2_ae_, 66, 2, _ad_ 3_m_): "When Ambrose says 'Let no one call his +own that which is common property,' he is referring to the use of +property. Hence he adds: 'Whatever a man possesses above what is +necessary for his sufficient comfort, he holds by violence.'" And the +same view could be backed by quotations from Henry of Ghent, Duns +Scotus, St. Bonaventure, the sermons of Wycliff, and almost every writer +of any consequence in that age. + +Perhaps to us this decided tone may appear remarkable, and even +ill-considered. But it is evident that the whole trouble lies in the +precise meaning to be attached to the expressions "superfluous" and +"needy." And here, where we feel most of all the need of guidance, it +must be confessed that few authors venture to speak with much +definiteness. The instance, indeed, of a man placed in extreme +necessity, all quote and explain in nearly identical language. Should +anyone be reduced to these last circumstances, so as to be without means +of subsistence or sufficient wealth to acquire them, he may, in fact +must, take from anywhere whatever suffices for his immediate +requirements. If he begs for the necessities of life, they cannot be +withheld from him. Nor is the expression "necessities of life" to be +interpreted too nicely. Says Albertus Magnus: "I mean by necessary not +that without which he cannot live, but that also without which he cannot +maintain his household, or exercise the duties proper to his condition" +(_loc. cit._, art. 16, p. 280). This is a very generous interpretation +of the phrase, but it is the one pretty generally given by all the chief +writers of that period. Of course they saw at once that there were +practical difficulties in the way of such a manner of acting. How was it +possible to determine whether such a one was in real need or not? And +the only answer given was that, if it was evident that a man was so +placed, there could be no option about giving; almsdeeds then became of +precept. But that, if there were no convincing signs of absolute need, +then the obligation ceased, and almsgiving, from a command, became a +counsel. + +In an instance of this extreme nature it is not difficult to decide, but +the matter becomes perilously complicated when an attempt is made to +gauge the relative importance of "need" and "superfluity" in concrete +cases. How much "need" must first be endured before a man has a just +claim on another's superfluity? By what standard are "superfluities" +themselves to be judged? For it is obvious that when the need among a +whole population is general, things possessed by the richer classes, +which in normal circumstances might not have been considered luxuries, +instantly become such. However then the words are taken, however +strictly or laxly interpreted, it must always be remembered that the +terms used by the Scholastics do not really solve the problem. They +suggest standards, but do not define them, give names, but cannot tell +us their precise meaning. + +Should we say, then, that in this way they had failed? It is not in +place in a book of this kind to sit in judgment on the various theories +quoted, and test them to see how far they hold good, or to what extent +they should be disregarded, for it is the bare recital of mere historic +views which can be here considered. The object has been simply to tell +what systems were thought out and held, without attempting to apprize +them or measure their value, or point out how far they are applicable to +modern times. But in this affair of almsdeeds it is perhaps well to note +that the Scholastics could make this much defence of their vagueness. In +cases of this kind, they might say, we are face to face with human +nature, not as an abstract thing, but in its concrete personal +existence. The circumstances must therefore differ in each single +instance. General laws can be laid down, but only on the distinct +understanding that they are mere principles of direction--in other +words, that they are nothing more than general laws. The Scholastics, +the mediaeval writers of every school, except a few of that Manichean +brood of sects, admitted the necessity of almsgiving. They looked on it +from a moral point of view as a high virtue, and from an economic +standpoint as a correlative to their individualistic ideas on private +property. The one without the other would be unjust. Alone, they would +be unworkable; together, mutually independent, they would make the State +a fair and perfect thing. + +But to fix the exact proportion between the two terms, they held to be +the duty of the individual in each case that came to his notice. To give +out of a man's superfluities to the needy was, they held, undoubtedly a +bounden duty. But they could make no attempt to apprize in definite +language what in the receiver was meant by need, and in the giver by +superfluity. They made no pretence to do this, and thereby showed their +wisdom, for obviously the thing cannot be done. Yet we must note, last +of all, that they drew up a list of principles which shall here be set +down, because they sum up in a few sentences the wit of mediaeval +economists, their spirit of orderly arrangement, and their unanimous +opinion on man's moral obligations. + + + (I) A man is obliged to help another in his extreme need, even at + the risk of grave inconvenience to himself. + + (II) A man is obliged to help another who, though not in extreme + need, is yet in considerable distress, but not at the risk of grave + inconvenience to himself. + + (III) A man is not obliged to help another whose necessity is + slight, even though the risk to himself should be quite trifling. + + +In other words, the need of his fellow must be adjusted against the +inconvenience to himself. Where the need of the one is great, the +inconvenience to the other must at least be as great, if it is to excuse +him from the just debt of his alms. His possession of superfluities does +not compel him to part with them unless there is some real want which +they can be expected to supply. In fine, the mediaevalists would contend +that almsgiving, to be necessary, implies two conditions, both +concomitant:-- + + + (_a_) That the giver should possess superfluities. + + (_b_) That the receiver should be in need. + + +Where both these suppositions are fulfilled, the duty of almsgiving +becomes a matter not of charity, but of justice. + + + + +BIBLIOGRAPHY + + +Among the original works by mediaeval writers on economic subjects, +which can be found in most of the greater libraries in England, we would +place the following: + + + _De Recuperatione Terre Sancte_, by Pierre du Bois. Edited by C. V. + Langlois in Paris. 1891. + + _Commentarium in Politicos Aristotelis_, by Albertus Magnus. Vol. + iv. Lyons. 1651. + + _Summa Theologica_, of St. Thomas Aquinas. This is being translated + by the English Dominicans, published by Washborne. London. 1911. + But the parts that deal with Aquinas' theories of property, &c., + have not yet been published. + + _De Regimine Principio_, probably by Ptolomeo de Lucca. It will be + found printed among the works of St. Thomas Aquinas, who wrote the + first chapters. The portion here to be consulted is in book iv. + + _Tractatus de Civili Dominio_, by Wycliff, published in four vols. + in London. 1885-1904. + + _Unprinted Works of John Wycliff_, edited at Oxford in three vols. + 1869-1871. + + _Fasciculus Zizaniorum_ and the _Chronicon Angliae_, both edited in + the Roll Series, help in elucidating the exact meaning of Wycliff, + and his relation to the insurgents of 1381. + + _Monarchia_, edited by Goldast of Hanover in 1611, gives a + collection of fifteenth-century writers, including Ockham, Cesena, + Roselli, &c. + + _Summa Moralis_, by St. Antonino of Florence, contains a great deal + of economic moralising. But the whole four volumes (Verona, 1740) + must be searched for it. + + +Among modern books which can be consulted with profit are:-- + + + _Illustrations of the Mediaeval Thought_, by Reginald Lane Poole. + 1884. London. + + _Political Theories of the Middle Ages_, by F. W. Maitland. 1900. + Cambridge. + + _History of Mediaeval Political Thought_, by A. J. Carlyle. 1903. + &c. Oxford (unfinished). + + _History of English Law_, by Pollock and Maitland. 1898. Cambridge. + + _Introduction to English Economic History_, by W. J. Ashley. 1892. + London. + + _Economie Politique au Moyen Age_, by V. Brandts. 1895. Louvain. + + _La Propriété après St. Thomas_, by Mgr. Deploige, Revue + Neo-Scholastique. 1895, 1896. Louvain. + + _History of Socialism_, by Thomas Kirkup. 1909. London. + + _Great Revolt of 1381_, by C. W. C. Oman. 1906. Oxford. + + _Lollardy and the Reformation_, by Gairdner. 1908-1911 (three + vols.) London. + + _England in the Age of Wycliff_, by G. M. Trevelyan. 1909. London. + + _Leaders of the People_, by J. Clayton. 1910. London. A sympathetic + account of Ball, Cade, &c. + + _Social Organisation_, by G. Unwin. 1906. Oxford. + + _Outlines of Economic History of England_, by H. O. Meredith. 1908. + London. + + _Mutual Aid in a Mediaeval City_, by Prince Kropotkin (Nineteenth + Century Review. Vol. xxxvi. p. 198). + + + + + +INDEX + + +Albertus Magnus, 51, 86, 87 +Albigensians, 29 +Almsgiving, 80 +Ambrose, St., 10, 87 +Antonino, St., 50, 52, 71, 80 +Aquinas, St. Thomas, 30, 42, 51, 60, 79, 80, 83 +Aristotle, 35, 42, 51, 64, 82 +Augustine, St., 10, 86 +Authority, 8, 10 + + +Ball, John, 32, 38 +Bavaria, Louis of, 32, 63 +Beghards, 32 +Beguins, 32 +Benedict, St., 13 +Black Death, 22 +Bois, Pierre du, 62, 69 +Bonaventure, St., 87 +Bourbon, Etienne de, 29 +Bracton, 59 + + +Cabochiens, 71 +Cesena, Michael de, 32 +Ciompi, 25, 71 +Communism, 29 + + +Destitution, 71 +Dominicans, 30, 39, 47 + + +Education, 76 + + +Fall, 9 +Fathers of Church, 8 +Feudalism, 15, 56 +Francis, St., 31 +Franciscans, 30, 31, 39 +Friars, 39 +Froissart, 33 + + +Ghent, Henry of, 87 + + +Harrington, 79 +Hildebrand, 10 +Hospitals, 75 + + +Innocent IV, 64 + + +Jacquerie, 25, 71 +Jerome, St., 86 +John XXII, 32, 63 + + +King, 15, 56 + + +Labourers, landless, 19, 27 +Langenstein, Henry of, 81 +Langland, 27, 39 +Law of Nations, 11 +Law of Nature, 11 +Lawyers, 55 +Legalists, 11 +Lucca, Ptolomeo de, 51 + + +Maillotins, 71 +Manicheans, 29 +Manor, 71 +Marcel, Etienne, 71 +Meziers, Philip de, 64 +Milton, 79 +Moerbeke, 42 +Monasticism, 13 +More, Sir Thomas, 79 + + +Necessities, 83 + + +Ockham, 32, 49, 63 +Oresme, Nichole, 64 + + +Parliament, 43 +Peasant Revolt, 25, 32, 71 +Plato, 35, 52, 82 +_Praetor Peregrinus_, 11 +_Praetor Urbanus_, 11 +Property, 10, 12, 29, 41, 80 + + +Rienzi, 71 +Ripa, John de, 50 +Roselli, Antonio, 65 + + +Schoolmen, 41, 88 +Scotus, Duns, 49, 80, 87 +Slavery, 10 +Socialism, 6, 16, 60 +Straw, Jack, 34, 39 +Superfluities, 83 + + +Taborites, 71 +Taxation, 76 +Tyler, Wat, 34 + + +Vaudois, 29 + + +Wages, 23, 25, 74 +Women, 70, 73 +Wycliff, 35, 49, 60, 62, 80, 87 + + +Printed by BALLANTYNE, HANSON & CO. +Edinburgh & London + + + + +ADVERTISEMENTS + + +THE PEOPLE'S BOOKS + +THE FIRST HUNDRED VOLUMES + +The volumes issued (Spring 1913) are marked with an asterisk + + +SCIENCE + + + *1. The Foundations of Science By W. C. D. Whetham, F.R.S. + *2. Embryology--The Beginnings By Prof. Gerald Leighton, M.D. + of Life + 3. Biology--The Science of Life By Prof. W. D. Henderson, M.A. + *4. Zoology: The Study of Animal By Prof. E. W. MacBride, F.R.S. + Life + *5. Botany; The Modern Study of By M. C. Stopes, D.Sc., Ph.D. + Plants + 6. Bacteriology By W. E. Carnegie Dickson, M.D. + *7. The Structure of the Earth By the Rev. T. G. Bonney, F.R.S. + *8. Evolution By E. S. Goodrich, M.A., F.R.S. + 9. Darwin By Prof. W. Garstang, M.A., D.Sc. + *10. Heredity By J. A. S. Watson, B.Sc. + *11. Inorganic Chemistry By Prof. E. C. C. Baly, F.R.S. + *12. Organic Chemistry By Prof. J. B. Cohen, B.Sc., F.R.S. + *13. The Principles of Electricity By Norman R. Campbell, M.A. + *14. Radiation By P. Phillips, D.Sc. + *15. The Science of the Stars By E. W. Maunder, F.R.A.S. + *16. The Science of Light By P. Phillips, D.Sc. + *17. Weather-Science By R. G. K. Lempfert, M.A. + *18. Hypnotism By Alice Hutchison, M.D. + *19. The Baby: A Mother's Book By a University Woman. + *20. Youth and Sex--Dangers and {By Mary Scharlieb, M.D., M.S., + Safeguards for Boys and Girls {and G. E. C. Pritchard, M.A., M.D. + *21. Motherhood--A Wife's Handbook By H. S. Davidson, F.R.C.S.E. + *22. Lord Kelvin By A. Russell, M.A., D.Sc. + *23. Huxley By Professor G. Leighton, M.D. + 24. Sir W. Huggins and {By E. W. Maunder, F.R.A.S., of the + Spectroscopic Astronomy {Royal Observatory, Greenwich. + *62. Practical Astronomy By H. Macpherson, Jr., F.R.A.S. + *63. Aviation By Sydney F. Walker, R.N., M.I.E.E. + *64. Navigation By W. Hall, R.N., B.A. + *65. Pond Life By E. C. Ash, M.R.A.C. + *66. Dietetics By Alex. Bryce, M.D., D.P.H. + *94. The Nature of Mathematics By P. G. B. Jourdain, M.A. + 95. Applications of Electricity By Alex. Ogilvie, B.Sc. + *96. Gardening By A. Cecil Bartlett. + 97. The Care of the Teeth By J. A. Young, L.D.S. + *98. Atlas of the World By J. Bartholomew, F.R.G.S. +*110. British Birds By F. B. Kirkman, B.A. + + +PHILOSOPHY AND RELIGION + + + 25. The Meaning of Philosophy By T. Loveday, M.A. +*26. Henri Bergson By H. Wildon Carr. +*27. Psychology By H. J. Watt, M.A., Ph.D. +*28. Ethics By Canon Rashdall, D. Litt., F.B.A. + 29. Kant's Philosophy By A. D. Lindsay, M.A. + 30. The Teaching of Plato By A. D. Lindsay, M.A. +*67. Aristotle By Prof. A. E. Taylor, M.A., F.B.A. +*68. Nietzsche By M. A. Mügge, Ph.D. +*69. Eucken By A. J. Jones, M.A., B.Sc., Ph.D. + 70. The Experimental Psychology By C. W. Valentine, B.A. + of Beauty +*71. The Problem of Truth By H. Wildon Carr. + 99. George Berkeley: the By G. Dawes Hicks, Litt.D. + Philosophy of Idealism + 31. Buddhism By Prof. T. W. Rhys Davids, F.B.A. +*32. Roman Catholicism By H. B. Coxon. +*33. The Oxford Movement By Wilfrid P. Ward. +*34. The Bible in the Light of the {By Rev. W. F. Adeney, M.A., and + Higher Criticism {Rev. Prof. W. H. Bennett, Litt.D. + 35. Cardinal Newman By Wilfrid Meynell. +*72. The Church of England By Rev. Canon Masterman. + 73. Anglo-Catholicism By A. E. Manning Foster. +*74. The Free Churches By Rev. Edward Shillito, M.A. +*75. Judaism By Ephraim Levine, B.A. +*76. Theosophy By Annie Besant. + + +HISTORY + + + *36. The Growth of Freedom By H. W. Nevinson. + 37. Bismarck By Prof. F. M. Powicke, M.A. + *38. Oliver Cromwell By Hilda Johnstone, M.A. + *39. Mary Queen of Scots By E. O'Neill, M.A. + *40. Cecil Rhodes By Ian Colvin. + *41. Julius Cæsar By Hilary Hardinge. + + History of England-- + + 42. England in the Making By Prof. F. J. C. Hearnshaw, LL.D. + *43. England in the Middle Ages By E. O'Neill, M.A. + 44. The Monarchy and the People By W. T. Waugh, M.A. + 45. The Industrial Revolution By A. Jones, M.A. + 46. Empire and Democracy By G. S. Veitch, M.A. + *61. Home Rule By L. G. Redmond Howard. + 77. Nelson By H. W. Wilson. + *78. Wellington and Waterloo By Major G. W. Redway. + 100. A History of Greece By E. Fearenside, B.A. + 101. Luther and the Reformation By L. D. Agate, M.A. + 102. The Discovery of the By F. B. Kirkman, B.A. + New World +*103. Turkey and the Eastern By John Macdonald. + Question + 104. A History of Architecture By Mrs. Arthur Bell. + + +SOCIAL AND ECONOMIC + + + *47. Women's Suffrage By M. G. Fawcett, LL.D. + 48. The Working of the British By Prof. Ramsay Muir, M.A. + System of Government to-day + 49. An Introduction to Economic By Prof. H. O. Meredith, M.A. + Science + 50. Socialism By F. B. Kirkman, B.A. + *79. Mediaeval Socialism By Rev. B. Jarrett, O.P., M.A. + *80. Syndicalism By J. H. Harley, M.A. + 81. Labour and Wages By H. M. Hallsworth, M.A., B.Sc. + *82. Co-operation By Joseph Clayton. + *83. Insurance as Investment By W. A. Robertson, F.F.A. + *92. The Training of the Child By G. Spiller. +*105. Trade Unions By Joseph Clayton. +*106. Everyday Law By J. J. Adams. + + +LETTERS + + + *51. Shakespeare By Prof. C. H. Herford, Litt.D. + *52. Wordsworth By Rosaline Masson. + *53. Pure Gold--A Choice of By H. C. O'Neill. + Lyrics and Sonnets + *54. Francis Bacon By Prof. A. R. Skemp, M.A. + *55. The Brontës By Flora Masson. + *56. Carlyle By the Rev. L. MacLean Watt. + *57. Dante By A. G. Ferrers Howell. + 58. Ruskin By A. Blyth Webster, M.A. + 59. Common Faults in Writing By Prof. A. R. Skemp, M.A. + English + *60. A Dictionary of Synonyms. By Austin K. Gray, B.A. + 84. Classical Dictionary By A. E. Stirling. + *85. History of English By A. Compton-Rickett. + Literature + 86. Browning By Prof. A. R. Skemp, M.A. + *87. Charles Lamb By Flora Masson. + 88. Goethe By Prof. C. H. Herford, Litt.D. + 89. Balzac By Frank Harris. + 90. Rousseau By H. Sacher. + 91. Ibsen By Hilary Hardinge. + *93. Tennyson By Aaron Watson. + 107. R. L. Stevenson By Rosaline Masson. +*108. Shelley By Sydney Waterlow, M.A. + 109. William Morris By A. Blyth Webster, M.A. + + +London and Edinburgh: T. C. & E. C. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at <a href = "http://www.gutenberg.org">www.gutenberg.org</a></pre> +<p>Title: Mediaeval Socialism</p> +<p>Author: Bede Jarrett</p> +<p>Release Date: October 4, 2006 [eBook #19468]</p> +<p>Language: English</p> +<p>Character set encoding: ISO-8859-1</p> +<p>***START OF THE PROJECT GUTENBERG EBOOK MEDIAEVAL SOCIALISM***</p> +<p> </p> +<h4>E-text prepared by David Clarke, Martin Pettit,<br /> + and the Project Gutenberg Online Distributed Proofreading Team<br /> + (<a href="http://www.pgdp.net/">http://www.pgdp.net/</a>)<br /> + from page images generously made available by<br /> + Internet Archive/Canadian Libraries<br /> + (<a href="http://www.archive.org/details/toronto">http://www.archive.org/details/toronto</a>)</h4> +<p> </p> +<table border="0" cellpadding="10" style="background-color: #ccccff;"> + <tr> + <td valign="top"> + Note: + </td> + <td> + Images of the original pages are available through + Internet Archive/Canadian Libraries. See + <a href="http://www.archive.org/details/mediaevalsocial00jarruoft"> + http://www.archive.org/details/mediaevalsocial00jarruoft</a> + </td> + </tr> +</table> +<p> </p> +<hr class="full" /> +<p> </p> +<p> </p> + +<h1>MEDIAEVAL SOCIALISM</h1> + +<h2><span class="smcap">By</span> BEDE JARRETT, O.P., M.A.</h2> + +<p class="center"><img src="images/logo.jpg" width='200' height='197' alt="logo" /></p> + +<p class='tbrk'> </p> + +<p class='tbrk'> </p> + +<h3>LONDON: T. C. & E. C. JACK<br />67 LONG ACRE, W.C., AND EDINBURGH<br /> +NEW YORK: DODGE PUBLISHING CO.</h3> + +<hr /> +<p><span class='pagenum'><a name="Page_iii" id="Page_iii">[Pg iii]</a></span></p> +<h2>CONTENTS</h2> + +<div class="contents"> +<ul> +<li><span class="mono"> <a href="#CHAPTER_I">I.</a></span> INTRODUCTION</li> +<li><span class="mono"> <a href="#CHAPTER_II">II.</a></span> SOCIAL CONDITIONS</li> +<li><span class="mono"> <a href="#CHAPTER_III">III.</a></span> THE COMMUNISTS</li> +<li><span class="mono"> <a href="#CHAPTER_IV">IV.</a></span> THE SCHOOLMEN</li> +<li><span class="mono"> <a href="#CHAPTER_V">V.</a></span> THE LAWYERS</li> +<li><span class="mono"> <a href="#CHAPTER_VI">VI.</a></span> THE SOCIAL REFORMERS</li> +<li><span class="mono"> <a href="#CHAPTER_VII">VII.</a></span> THE THEORY OF ALMS-GIVING</li> +<li><span class="mono"> </span> <a href="#BIBLIOGRAPHY">BIBLIOGRAPHY</a></li> +<li><span class="mono"> </span> <a href="#INDEX">INDEX</a></li> +<li><span class="mono"> </span> <a href="#ADVERTISEMENTS">ADVERTISEMENTS</a></li> +</ul> +</div> + +<hr /> +<p><span class='pagenum'><a name="Page_5" id="Page_5">[Pg 5]</a></span></p> +<h1>MEDIAEVAL SOCIALISM</h1> + +<h2><a name="CHAPTER_I" id="CHAPTER_I"></a>CHAPTER I</h2> + +<h3>INTRODUCTION</h3> + +<p>The title of this book may not unnaturally provoke suspicion. After all, +howsoever we define it, socialism is a modern thing, and dependent +almost wholly on modern conditions. It is an economic theory which has +been evolved under pressure of circumstances which are admittedly of no +very long standing. How then, it may be asked, is it possible to find +any real correspondence between theories of old time and those which +have grown out of present-day conditions of life? Surely whatever +analogy may be drawn between them must be based on likenesses which +cannot be more than superficial.</p> + +<p>The point of view implied in this question is being increasingly adopted +by all scientific students of social and political opinions, and is most +certainly correct. Speculation that is purely philosophic may indeed +turn round upon itself. The views of Grecian metaphysicians may continue +for ever to find enthusiastic adherents; though even here, in the realm +of purely abstract reasoning, the progressive development of science, of +psychology, and kindred branches of knowledge cannot<span class='pagenum'><a name="Page_6" id="Page_6">[Pg 6]</a></span> fail by its +influence to modify the form and arrangement of thought. But in those +purely positive sciences (if indeed sciences they can properly be +called) which deal with the life of man and its organisation, the very +principles and postulates will be found to need continual readjustment. +For with man's life, social, political, economic, we are in contact with +forces which are of necessity always in a state of flux. For example, +the predominance of agriculture, or of manufacture, or of commerce in +the life of the social group must materially alter the attitude of the +statesman who is responsible for its fortunes; and the progress of the +nation from one to another stage of her development often entails (by +altering from one class to another the dominant position of power) the +complete reversal of her traditional maxims of government. Human life is +not static, but dynamic. Hence the theories weaved round it must +themselves be subject to the law of continuous development.</p> + +<p>It is obvious that this argument cannot be gainsaid; and yet at the same +time we may not be in any way illogical in venturing on an inquiry as to +whether, in centuries not wholly dissimilar from our own, the mind of +man worked itself out along lines parallel in some degree to +contemporary systems of thought. Man's life differs, yet are the +categories which mould his ideas eternally the same.</p> + +<p>But before we go on to consider some early aspects of socialism, we must +first ascertain what socialism itself essentially implies. Already +within the lifetime of the present generation the word has greatly +enlarged the scope of its significance. Many who ten years ago would +have objected to it as a name of ill-omen see in it now nothing which +may not be harmonised with the<span class='pagenum'><a name="Page_7" id="Page_7">[Pg 7]</a></span> most ordinary of political and social +doctrines. It is hardly any longer the badge of a school. Yet it does +retain at any rate the bias of a tendency. It suggests chiefly the +transference of ownership in land and capital from private hands into +their possession in some form or other by the society. The means of this +transference, and the manner in which this social possession is to be +maintained, are very widely debated, and need not here be determined; it +is sufficient for the matter of this book to have it granted that in +this lies the germ of the socialistic theory of the State.</p> + +<p>Once more it must be admitted that the meaning of "private ownership" +and "social possession" will vary exceedingly in each age. When private +dominion has become exceedingly individual and practically absolute, the +opposition between the two terms will necessarily be very sharp. But in +those earlier stages of national and social evolution, when the +community was still regarded as composed, not of persons, but of groups, +the antagonism might be, in point of theory, extremely limited; and in +concrete cases it might possibly be difficult to determine where one +ended and the other began. Yet it is undeniable that socialism in itself +need mean no more than the central principle of State-ownership of +capital and land. Such a conception is consistent with much private +property in other forms than land and capital, and will be worked out in +detail differently by different minds. But it is the principle, the +essence of it, which justifies any claims made to the use of the name. +We may therefore fairly call those theories socialistic which are +covered by this central doctrine, and disregard, as irrelevant to the +nature of the term, all added peculiarities contributed by individuals +who have joined their forces to the movement.</p> + +<p><span class='pagenum'><a name="Page_8" id="Page_8">[Pg 8]</a></span>By socialistic theories of the Middle Ages, therefore, we mean no more +than those theories which from time to time came to the surface of +political and social speculation in the form of communism, or of some +other way of bringing about the transference which we have just +indicated. But before plunging into the tanglement of these rather +complicated problems, it will make for clearness if we consider quite +briefly the philosophic heritage of social teaching to which the Middle +Ages succeeded.</p> + +<p>The Fathers of the Church had found themselves confronted with +difficulties of no mean subtlety. On the one hand, the teaching of the +Scriptures forced upon them the religious truth of the essential +equality of all human nature. Christianity was a standing protest +against the exclusiveness of the Jewish faith, and demanded through the +attendance at one altar the recognition of an absolute oneness of all +its members. The Epistles of St. Paul, which were the most scientific +defence of Christian doctrine, were continually insisting on the fact +that for the new faith there was no real division between Greek or +barbarian, bond or free. Yet, on the other hand, there were equally +unequivocal expressions concerning the reverence and respect due to +authority and governance. St. Peter had taught that honour should be +paid to Caesar, when Caesar was no other than Nero. St. Paul had as +clearly preached subjection to the higher powers. Yet at the same time +we know that the Christian truth of the essential equality of the whole +human race was by some so construed as to be incompatible with the +notion of civil authority. How, then, was this paradox to be explained? +If all were equal, what justification would there be for civil +authority? If civil authority was to be upheld, wherein lay the meaning<span class='pagenum'><a name="Page_9" id="Page_9">[Pg 9]</a></span> +of St. Paul's many boasts of the new levelling spirit of the Christian +religion? The paradox was further complicated by two other problems. The +question of the authority of the Imperial Government was found to be +cognate with the questions of the institution of slavery and of private +property. Here were three concrete facts on which the Empire seemed to +be based. What was to be the Christian attitude towards them?</p> + +<p>After many attempted explanations, which were largely personal, and, +therefore, may be neglected here, a general agreement was come to by the +leading Christian teachers of East and West. This was based on a +theological distinction between human nature as it existed on its first +creation, and then as it became in the state to which it was reduced +after the fall of Adam. Created in original justice, as the phrase ran, +the powers of man's soul were in perfect harmony. His sensitive nature, +<i>i.e.</i> his passions, were in subjection to his will, his will to his +reason, his reason to God. Had man continued in this state of innocence, +government, slavery, and private property would never have been +required. But Adam fell, and in his fall, said these Christian doctors, +the whole conditions of his being were disturbed. The passions broke +loose, and by their violence not unfrequently subjected the will to +their dictatorship; together with the will they obscured and prejudiced +the reason, which under their compulsion was no longer content to follow +the Divine Reason or the Eternal Law of God. In a word, where order had +previously reigned, a state of lawlessness now set in. Greed, lust for +power, the spirit of insubordination, weakness of will, feebleness of +mind, ignorance, all swarmed into the soul of man, and disturbed not +merely the internal economy<span class='pagenum'><a name="Page_10" id="Page_10">[Pg 10]</a></span> of his being, but his relations also to his +fellows. The sin of Cain is the social result of this personal upheaval.</p> + +<p>Society then felt the evils which attended this new condition of things, +and it was driven, according to this patristic idea, to search about for +remedies in order to restrain the anarchy which threatened to overwhelm +the very existence of the race. Hence was introduced first of all the +notion of a civil authority. It was found that without it, to use a +phrase which Hobbes indeed has immortalised, but which can be easily +paralleled from the writings of St. Ambrose or St. Augustine, "life was +nasty, brutish, and short." To this idea of authority, there was quickly +added the kindred ideas of private property and slavery. These two were +found equally necessary for the well-being of human society. For the +family became a determined group in which the patriarch wielded absolute +power; his authority could be effective only when it could be employed +not only over his own household, but also against other households, and +thus in defence of his own. Hence the family must have the exclusive +right to certain things. If others objected, the sole arbitrament was an +appeal to force, and then the vanquished not only relinquished their +claims to the objects in dispute, but became the slaves of those to whom +they had previously stood in the position of equality and rivalry.</p> + +<p>Thus do the Fathers of the Church justify these three institutions. They +are all the result of the Fall, and result from sin. Incidentally it may +be added that much of the language in which Hildebrand and others spoke +of the civil power as "from the devil" is traceable to this theological +concept of the history of its origin, and much of their hard language +means no more than this. Private property, therefore, is due to the<span class='pagenum'><a name="Page_11" id="Page_11">[Pg 11]</a></span> +Fall, and becomes a necessity because of the presence of sin in the +world.</p> + +<p>But it is not only from the Fathers of the Church that the mediaeval +tradition drew its force. For parallel with this patristic explanation +came another, which was inherited from the imperial legalists. It was +based upon a curious fact in the evolution of Roman law, which must now +be shortly described.</p> + +<p>For the administration of justice in Rome two officials were chosen, who +between them disposed of all the cases in dispute. One, the <i>Praetor +Urbanus</i>, concerned himself in all litigation between Roman citizens; +the other, the <i>Praetor Peregrinus</i>, had his power limited to those +matters only in which foreigners were involved; for the growth of the +Roman <i>Imperium</i> had meant the inclusion of many under its suzerainty +who could not boast technical citizenship. The <i>Praetor Urbanus</i> was +guided in his decisions by the codified law of Rome; but the <i>Praetor +Peregrinus</i> was in a very different position. He was left almost +entirely to his own resources. Hence it was customary for him, on his +assumption of office, to publish a list of the principles by which he +intended to settle all the disputes between foreigners that were brought +to his court. But on what foundation could his declaratory act be based? +He was supposed to have previously consulted the particular laws of as +many foreign nations as was possible, and to have selected from among +them those which were found to be held in common by a number of tribes. +The fact of this consensus to certain laws on the part of different +races was supposed to imply that these were fragments of some larger +whole, which came eventually to be called indifferently the Law of +Nature, or the Law of Nations. For at almost the very date when this +Law<span class='pagenum'><a name="Page_12" id="Page_12">[Pg 12]</a></span> of Nations was beginning thus to be built up, the Greek notion of +one supreme law, which governed the whole race and dated from the lost +Golden Age, came to the knowledge of the lawyers of Rome. They proceeded +to identify the two really different concepts, and evolved for +themselves the final notion of a fundamental rule, essential to all +moral action. In time, therefore, this supposed Natural Law, from its +venerable antiquity and universal acceptance, acquired an added sanction +and actually began to be held in greater respect than even the declared +law of Rome. The very name of Nature seemed to bring with it greater +dignity. But at the same time it was carefully explained that this <i>Lex +Naturae</i> was not absolutely inviolable, for its more accurate +description was <i>Lex</i> or <i>Jus Gentium</i>. That is to say, it was not to be +considered as a primitive law which lay embedded like first principles +in human nature; but that it was what the nations had derived from +primitive principles, not by any force of logic, but by the simple +evolution of life. The human race had found by experience that the +observance of the natural law entailed as a direct consequence the +establishment of certain institutions. The authority, therefore, which +these could boast was due to nothing more than the simple struggle for +existence. Among these institutions were those same three (civil +authority, slavery, private property), which the Fathers had come to +justify by so different a method of argument. Thus, by the late Roman +lawyers private property was upheld on the grounds that it had been +found necessary by the human race in its advance along the road of life. +To our modern ways of thinking it seems as though they had almost +stumbled upon the theory of evolution, the gradual unfolding of social +and moral perfection due to<span class='pagenum'><a name="Page_13" id="Page_13">[Pg 13]</a></span> the constant pressure of circumstances, and +the ultimate survival of what was most fit to survive. It was almost by +a principle of natural selection that mankind was supposed to have +determined the necessity of civil authority, slavery, private property, +and the rest. The pragmatic test of life had been applied and had proved +their need.</p> + +<p>A third powerful influence in the development of Christian social +teaching must be added to the others in order the better to grasp the +mental attitude of the mediaeval thinkers. This was the rise and growth +of monasticism. Its early history has been obscured by much legendary +detail; but there is sufficient evidence to trace it back far into the +beginnings of Christianity. Later there had come the stampede into the +Thebaid, where both hermit life and the gathering together of many into +a community seem to have been equally allowed as methods of asceticism. +But by the fifth century, in the East and the West the movement had been +effectively organised. First there was the canonical theory of life, +introduced by St. Augustine. Then St. Basil and St. Benedict composed +their Rules of Life, though St. Benedict disclaimed any idea of being +original or of having begun something new. Yet, as a matter of fact, he, +even more efficiently than St. Basil, had really introduced a new force +into Christendom, and thereby became the undoubted father of Western +monasticism.</p> + +<p>Now this monasticism had for its primary intention the contemplation of +God. In order to attain this object more perfectly, certain subsidiary +observances were considered necessary. Their declared purpose was only +to make contemplation easier; and they were never looked upon as +essential to the monastic profession, but only as helps to its better +working. Among<span class='pagenum'><a name="Page_14" id="Page_14">[Pg 14]</a></span> these safeguards of monastic peace was included the +removal of all anxieties concerning material well-being. Personal +poverty—that is, the surrender of all personal claim to things the care +of which might break in upon the fixed contemplation of God—was +regarded as equally important for this purpose as obedience, chastity, +and the continued residence in a certain spot. It had indeed been +preached as a counsel of perfection by Christ Himself in His advice to +the rich young man, and its significance was now very powerfully set +forth by the Benedictine and other monastic establishments.</p> + +<p>It is obvious that the existence of institutions of this kind was bound +to exercise an influence upon Christian thought. It could not but be +noticed that certain individual characters, many of whom claimed the +respect of their generation, treated material possessions as hindrances +to spiritual perfection. Through their example private property was +forsworn, and community of possession became prominently put forward as +being more in accordance with the spirit of Christ, who had lived with +His Apostles, it was declared, out of the proceeds of a common purse. +The result, from the point of view of the social theorists of the day, +was to confirm the impression that private property was not a thing of +much sanctity. Already, as we have seen, the Fathers had been brought to +look at it as something sinful in its origin, in that the need of it was +due entirely to the fall of our first parents. Then the legalists of +Rome had brought to this the further consideration that mere expedience, +universal indeed, but of no moral sanction, had dictated its institution +as the only way to avoid continual strife among neighbours. And now the +whole force of the religious ideals of the time was thrown in the same +balance. Eastern and<span class='pagenum'><a name="Page_15" id="Page_15">[Pg 15]</a></span> Western monasticism seemed to teach the same +lesson, that private property was not in any sense a sacred thing. +Rather it seemed to be an obstacle to the perfect devotion of man's +being to God; and community of possession and life began to boast itself +to be the more excellent following of Christ.</p> + +<p>Finally it may be asserted that the social concept of feudalism lent +itself to the teaching of the same lesson. For by it society was +organised upon a system of land tenure whereby each held what was his of +one higher than he, and was himself responsible for those beneath him in +the social scale. Landowners, therefore, in the modern sense of the +term, had no existence—there were only landholders. The idea of +absolute dominion without condition and without definite duties could +have occurred to none. Each lord held his estate in feud, and with a +definite arrangement for participating in the administration of justice, +in the deliberative assembly, and in the war bands of his chief, who in +turn owed the same duties to the lord above him. Even the king, who +stood at the apex of this pyramid, was supposed to be merely holding his +power and his territorial domain as representing the nation. At his +coronation he bound himself to observe certain duties as the condition +of his royalty, and he had to proclaim his own acceptance of these +conditions before he could be anointed and crowned as king. Did he break +through his coronation-oath, then the pledge of loyalty made by the +people was considered to be in consequence without any binding force, +and his subjects were released from their obedience. In this way, then, +also private property was not likely to be deemed equivalent to absolute +possession. It was held conditionally, and was not unfrequently +forfeited for offences against the feudal code. It carried with it<span class='pagenum'><a name="Page_16" id="Page_16">[Pg 16]</a></span> +burdens which made its holding irksome, especially for all those who +stood at the bottom of the scale, and found that the terms of their +possession were rigorously enforced against them. The death of the +tenant and the inheriting of his effects by his eldest son was made the +occasion for exactions by the superior lord; for to him belonged certain +of the dead man's military accoutrements as pledges, open and manifest, +of the continued supremacy to be exercised over the successor.</p> + +<p>Thus the extremely individual ideas as regards the holding of land which +are to-day so prevalent would then have been hardly understood. Every +external authority, the whole trend of public opinion, the teaching of +the Christian Fathers, the example of religious bodies, the inherited +views that had come down to the later legalists from the digests of the +imperial era, the basis of social order, all deflected the scale against +the predominance of any view of land tenure or holding which made it an +absolute and unrestricted possession. Yet at the same time, and for the +same cause, the modern revolt against all individual possession would +have been for the mediaeval theorists equally hard to understand. +Absolute communism, or the idea of a State which under the magic of that +abstract title could interfere with the whole social order, was too +utterly foreign to their ways of thinking to have found a defender. The +king they knew, and the people, and the Church; but the State (which the +modern socialist invokes) would have been an unimaginable thing.</p> + +<p>In that age, therefore, we must not expect to find any fully-fledged +Socialism. We must be content to notice theories which are socialistic +rather than socialist.</p> + +<hr /> + +<p><span class='pagenum'><a name="Page_17" id="Page_17">[Pg 17]</a></span></p> +<h2><a name="CHAPTER_II" id="CHAPTER_II"></a>CHAPTER II</h2> + +<h3>SOCIAL CONDITIONS</h3> + +<p>So long as a man is in perfect health, the movements of his life-organs +are hardly perceptible to him. He becomes conscious of their existence +only when something has happened to obstruct their free play. So, again, +is it with the body politic, for just so long as things move easily and +without friction, hardly are anyone's thoughts stimulated in the +direction of social reform. But directly distress or disturbance begin +to be felt, public attention is awakened, and directed to the +consideration of actual conditions. Schemes are suggested, new ideas +broached. Hence, that there were at all in the Middle Ages men with +remedies to be applied to "the open sores of the world," makes us +realise that there must have been in mediaeval life much matter for +discontent. Perhaps not altogether unfortunately, the seeds of unrest +never need much care in sowing, for the human heart would else advance +but little towards "the perfect day." The rebels of history have been as +necessary as the theorists and the statesmen; indeed, but for the +rebels, the statesmen would probably have remained mere politicians.</p> + +<p>Upon the ruins of the late Empire the Germanic races built up their +State. Out of the fragments of the older <i>villa</i> they erected the +<i>manor</i>. No doubt this new social unit contained the strata of many +civilisations; but it will suffice here to recognise that, while it is +perhaps impossible to apportion out to each its own particular +contribution to the whole result, the manor must have been affected +quite considerably by Roman, Celt, and<span class='pagenum'><a name="Page_18" id="Page_18">[Pg 18]</a></span> Teuton. The chief difference +which we notice between this older system and the conditions of modern +agricultural life—for the manor was pre-eminently a rural +organism—lies in the enormous part then played in the organisation of +society by the idea of Tenure. For, through all Western civilisation, +from the seventh century to the fourteenth, the personal equation was +largely merged in the territorial. One and all, master and man, lord and +tenant, were "tied to the soil." Within the manor there was first the +land held in demesne, the "in-land"—this was the perquisite of the lord +himself; it was farmed by him directly. Only when modern methods began +to push out the old feudal concepts do we find this portion of the +estate regularly let out to tenants, though there are evidences of its +occasionally having been done even in the twelfth century. But besides +what belonged thus exclusively to the lord of the manor, there was a +great deal more that was legally described as held in villeinage. That +is to say, it was in the hands of others, who had conditional use of it. +In England these tenants were chiefly of three kinds—the villeins, the +cottiers, the serfs. The first held a house and yard in the village +street, and had in the great arable fields that surrounded them strips +of land amounting sometimes to thirty acres. To their lord they owed +work for three days each week; they also provided oxen for the plough. +But more than half of their time could be devoted to the farming of +their property. Then next in order came the cottiers, whose holding +probably ran to not more than five acres. They had no plough-work, and +did more of the manual labour of the farm, such as hedging, +nut-collecting, &c. A much greater portion of their time than was the +case with the villeins was at the disposal of their master, nor indeed, +owing<span class='pagenum'><a name="Page_19" id="Page_19">[Pg 19]</a></span> to the lesser extent of their property, did they need so much +opportunity for working their own land. Lowest in the scale of all +(according to the Domesday Book of William I, the first great land-value +survey of all England, they numbered not more than sixteen per cent. of +the whole population) came the slaves or serfs. These had almost +exclusively the live stock to look after, being engaged as foresters, +shepherds, swineherds, and servants of the household. They either lived +under the lord's own roof, or might even have their cottage in the +village with its strip of land about it, sufficient, with the provisions +and cloth provided them, to eke out a scanty livelihood. Distinct from +these three classes and their officials (bailiffs, seneschals, reeves, +&c.) were the free tenants, who did no regular work for the manor, but +could not leave or part with their land. Their services were +requisitioned at certain periods like harvest-time, when there came a +demand for more than the ordinary number of hands. This sort of labour +was known as boon-work.</p> + +<p>It is clear at once that, theoretically at least, there was no room in +such a community for the modern landless labourer. Where all the workers +were paid by their tenancy of land, where, in other words, fixity and +stability of possession were the very basis of social life, the fluidity +of labour was impossible. Men could not wander from place to place +offering to employers the hire of their toil. Yet we feel sure that, in +actual fact, wherever the population increased, there must have grown up +in the process of time a number of persons who could find neither work +nor maintenance on their father's property. Younger sons, or more remote +descendants, must gradually have found that there was no scope for them, +unless, like an artisan class, they<span class='pagenum'><a name="Page_20" id="Page_20">[Pg 20]</a></span> worked for wages. Exactly at what +date began the rise of this agricultural and industrial class of fee +labourers we cannot very clearly tell. But in England—and probably the +same holds good elsewhere—between 1200 and 1350 there are traces of its +great development. There is evidence, which each year becomes more ample +and more definite, that during that period there was an increasingly +large number of people pressing on the means of subsistence. Though the +land itself might be capable of supporting a far greater number of +inhabitants, the part under cultivation could only just have been enough +to keep the actually existing population from the margin of destitution. +The statutes in English law which protest against a wholesale occupation +of the common-land by individuals were not directed merely against the +practices of a landlord class, for the makers of the law were themselves +landlords. It is far more likely that this invasion of village rights +was due to the action of these "landless men," who could not otherwise +be accommodated. The superfluous population was endeavouring to find for +itself local maintenance.</p> + +<p>Precisely at this time, too, in England—where the steps in the +evolution from mediaeval to modern conditions have been more clearly +worked out than elsewhere—increase of trade helped to further the same +development. Money, species, in greater abundance was coming into +circulation. The traders were beginning to take their place in the +national life. The Guilds were springing into power, and endeavouring to +capture the machinery of municipal government. As a result of all this +commercial activity money payments became more frequent. The villein was +able to pay his lord instead of working for him, and by the sale of<span class='pagenum'><a name="Page_21" id="Page_21">[Pg 21]</a></span> the +produce from his own yard-land was put in a position to hire helpers for +himself, and to develop his own agricultural resources. Nor was it the +tenant alone who stood to gain by this arrangement. The lord, too, was +glad of being possessed of money. He, too, needed it as a substitute for +his duty of military service to the king, for scutage (the payment of a +tax graduated according to the number of knights, which each baron had +to lead personally in time of war as a condition of holding land at all) +had taken the place of the old feudal levy. Moreover, he was probably +glad to obtain hired labour in exchange for the forced labour which the +system of tenure made general; just as later the abolition of slavery +was due largely to the fact that, in the long run, it did not pay to +have the plantations worked by men whose every advantage it was to shirk +as much toil as possible.</p> + +<p>But in most cases, as far as can be judged now, the lord was methodical +in releasing services due to him. The week-work was first and freely +commuted, for regular hired labour was easy to obtain; but the +boon-work—the work, that is, which was required for unusual +circumstances of a purely temporary character (such as harvesting, +&c.)—was, owing to the obvious difficulty of its being otherwise +supplied, only arranged for in the last resort. Thus, by one of the many +paradoxes of history, the freest of all tenants were the last to achieve +freedom. When the serfs had been set at liberty by manumission, the +socage-tenants or free-tenants, as they were called, were still bound by +their fixed agreements of tenure. It is evident, however, that such +emancipation as did take place was conditioned by the supply of free +labour, primarily, that is, by the rising surplus of population. Not +until he was certain of<span class='pagenum'><a name="Page_22" id="Page_22">[Pg 22]</a></span> being able to hire other labourers would a +landholder let his own tenants slip off the burdens of their service.</p> + +<p>But this process, by which labour was rendered less stationary, was +immeasurably hastened by the advent of a terrible catastrophe. In 1347 +the Black Death arrived from the East. Across Europe it moved, striking +fear by the inevitableness of its coming. It travelled at a steady rate, +so that its arrival could be easily foretold. Then, too, the +unmistakable nature of its symptoms and the suddenness of the death it +caused also added to the horror of its approach.</p> + +<p>On August 15, 1349, it got to Bristol, and by Michaelmas had reached +London. For a year or more it ravaged the countryside, so that whole +villages were left without inhabitants. Seeing England so stunned by the +blow, the Scots prepared to attack, thinking the moment propitious for +paying off old scores; but their army, too, was smitten by the +pestilence, and their forces broke up. Into every glen of Wales it +worked its havoc; in Ireland only the English were affected—the "wild +Irish" were immune. But in 1357 even these began to suffer. Curiously +enough, Geoffrey Baker in his Chronicle (which, written in his own hand, +after six hundred years yet remains in the Bodleian at Oxford) tells us +that none fell till they were afraid of it. Still more curiously, +Chaucer, Langland, and Wycliff, who all witnessed it, hardly mention it +at all. There could not be any more eloquent tribute to the nameless +horror that it caused than this hushed silence on the part of three of +England's greatest writers.</p> + +<p>Henry Knighton of Leicester Abbey, canon and chronicler, tells us some +of the consequences following on the plague, and shows us very clearly +the social upheaval it effected. The population had now so much<span class='pagenum'><a name="Page_23" id="Page_23">[Pg 23]</a></span> +diminished that prices of live stock went down, an ox costing 4<i>s.</i>, a +cow 12<i>d.</i>, and a sheep 3<i>d.</i> But for the same reason wages went up, for +labour had suddenly grown scarce. For want of hands to bring in the +harvest, whole crops rotted in the fields. Many a manor had lost a third +of its inhabitants, and it was difficult, under the fixed services of +land tenure, to see what remedy could be applied. In despair the feudal +system was set aside, and lord competed with lord to obtain landless +labourers, or to entice within their jurisdiction those whose own +masters ill-treated them in any way. The villeins themselves sought to +procure enfranchisement, and the right to hire themselves out to their +lords, or to any master they might choose. Commutation was not +particularly in evidence as the legal method of redress; though it too +was no doubt here and there arranged for. But for the most part the +villein took the law into his own hands, left his manor, and openly sold +his labour to the highest bidder.</p> + +<p>But at once the governing class took fright. In their eyes it seemed as +though their tenants were taking an unfair advantage of the +disorganisation of the national life. Even before Parliament could meet, +in 1349 an ordnance was issued by the King (Edward III), which compelled +all servants, whether bond or free, to take up again the customary +services, and forced work on all who had no income in land, or were not +otherwise engaged. The lord on whose manor the tenant had heretofore +dwelt had preferential claim to his labour, and could threaten with +imprisonment every refractory villein. Within two years a statute had +been enacted by Parliament which was far more detailed in its operation, +fixing wages at the rate they had been in the twentieth year of the +King's reign (<i>i.e.</i> at a period before the plague, when labour was +plentiful), and also<span class='pagenum'><a name="Page_24" id="Page_24">[Pg 24]</a></span> with all appearance of justice determining the +prices of agricultural produce. It was the first of a very long series +of Acts of Parliament that, with every right intention, but with a +really obvious futility, endeavoured to reduce everything to what it had +been in the past, to put back the hands of the clock, and keep them +back. But one strange fact is noticeable.</p> + +<p>Whether unconsciously or not, the framers of these statutes were +themselves striking the hardest blow at the old system of tenure. From +1351 the masters' preferential claim to the villeins of their own manor +disappears, or is greatly limited. Henceforth the labourers are to +appear in the market place with their tools, and (reminiscent of +scriptural conditions) wait till some man hired them. The State, not the +lord, is now regulating labour. Labour itself has passed from being +"tied to the soil," and has become fluid. It is no longer a personal +obligation, but a commodity.</p> + +<p>Even Parliament recognised that in many respects at least the old order +had passed away. The statute of 1351 allows "men of the counties of +Stafford, Lancaster, Derby, the borders of Wales and Scotland, &c., to +come in August time to labour in other counties, and to return in +safety, as they were heretofore wont to do." It is the legalisation of +what had been looked at, up till then, askance. The long, silent +revolution had become conscious. But the lords were, as we have said, +not altogether sorry for the turn things had taken. Groaning under +pressure from the King's heavy war taxation, and under the demands which +the advance of new standards of comfort (especially between 1370 and +1400) entailed, they let off on lease even the demesne land, and became +to a very great extent mere rent-collectors. Commutation proceeded +steadily, with much haggling<span class='pagenum'><a name="Page_25" id="Page_25">[Pg 25]</a></span> so as to obtain the highest price from the +eager tenant. Wages rose slowly, it is true, but rose all the same; and +rent, though still high, was becoming, on the whole, less intolerable.</p> + +<p>But the drain of the French war, and the peculation in public funds +brought about the final upheaval which completed what the Black Death +had begun. The capricious and unfairly graduated poll-tax of 1381 came +as a climax, and roused the Great Revolt of that year, a revolt +carefully engineered and cleverly organised, which yet for the demands +it made is a striking testimony to the moderation, the good sense, and +also the oppressed state of the English peasant.</p> + +<p>The fourfold petition presented to the King by the rebels was:</p> + +<blockquote><p>(1) The abolition of serfdom.</p> + +<p>(2) The reduction of rent to 4<i>d.</i> per acre.</p> + +<p>(3) The liberty to buy and sell in market.</p> + +<p>(4) A free pardon.</p></blockquote> + +<p>Compare the studiously restrained tone of these articles with the +terrible atrocities and vengeance wreaked by the Jacquerie in France, +and the no less awful mob violence perpetrated in Florence by the +Ciompi. While it shows no doubt in a kindly light the more equitable +rule of the English landholder, it remains a monument, also, of the +fair-mindedness of the English worker.</p> + +<p>In the towns much the same sort of struggle had been going on; for the +towns themselves, more often than not, sprang up on the demesne of some +lord, whether king, Church, or baron. But here the difficulties were +complicated still further by the interference of the Guilds, which in +the various trades regulated the hours<span class='pagenum'><a name="Page_26" id="Page_26">[Pg 26]</a></span> of labour, the quality of the +work, and the rate of remuneration. Yet, on the other hand, it is +undoubted that, once the squalor of the earlier stages of urban life had +been removed or at least improved, the social condition of the poor, +from the fourteenth century onwards, was immeasurably superior in the +towns to what it was in the country districts.</p> + +<p>The quickening influence of trade was making itself felt everywhere. In +1331 the cloth trade was introduced at Bristol, and settled down then +definitely in the west of England. In the north we notice the beginnings +of the coal trade. Licence was given to the burgesses of Newcastle to +dig for coal in 1351; and in 1368 two merchants of the same city had +applied for and obtained royal permission to send that precious +commodity "to any part of the kingdom, either by land or water." Even +vast speculations were opening up for English commercial enterprise, +when, by cornering the wool and bribing the King, a ring of merchants +were able to break the Italian banking houses, and disorganise the +European money market, for on the Continent all this energy in trade was +already old. The house of Anjou, for example, had made the kingdom of +Naples a great trading centre. Its corn and cattle were famous the world +over. But in Naples it was the sovereigns (like Edward III and Edward IV +in England) who patronised the commercial instincts of their people. By +the indefatigable genius of the royal house, industry was stimulated, +and private enterprise encouraged. By wise legislation the interests of +the merchants were safeguarded; and by the personal supervision of +Government, fiscal duties were moderated, the currency kept pure and +stable, weights and measures reduced to uniformity, the ease and +security of communications secured.<span class='pagenum'><a name="Page_27" id="Page_27">[Pg 27]</a></span></p> + +<p>No doubt trade not seldom, even in that age, led to much evil. +Parliament in England raised its voice against the trickery and deceit +practised by the greater merchants towards the small shopkeepers, and +complained bitterly of the growing custom of the King to farm out to the +wealthier among them the subsidies and port-duties of the kingdom. For +the whole force of the break-up of feudal conditions was to turn the +direction of power into the hands of a small, but moneyed class. Under +Edward III there is a distinct appearance of a set of <i>nouveaux riches</i>, +who rise to great prominence and take their places beside the old landed +nobility. De la Pole, the man who did most to establish the prosperity +of Hull, is an excellent example of what is often thought to be a +decidedly modern type. He introduced bricks from the Low Countries, and +apparently by this means and some curious banking speculations of very +doubtful honesty achieved a great fortune. The King paid a visit to his +country house, and made him Chief Baron of the Exchequer, in which +office he was strongly suspected of not always passing to the right +quarter some of the royal moneys. His son became Earl of Suffolk and +Lord Chancellor; and a marriage with royalty made descendants of the +family on more than one occasion heirs-at-law of the Crown.</p> + +<p>Even the peasant was beginning to feel the amelioration of his lot, +found life easy, and work something to be shirked. In his food, he was +starting to be delicate. Says Langland in his "Vision of Piers Plowman":</p> + +<div class="poem"><div class="stanza"> +<div>"Then labourers landless that lived by their hands,</div> +<div>Would deign not to dine upon worts a day old.</div> +<div>No penny-ale pleased them, no piece of good bacon,</div> +<div>Only fresh flesh or fish, well-fried or well-baked,</div> +<div>Ever hot and still hotter to heat well their maw."</div> +</div></div> + +<p><span class='pagenum'><a name="Page_28" id="Page_28">[Pg 28]</a></span>And he speaks elsewhere of their laziness:</p> + +<div class="poem"><div class="stanza"> +<div>"Bewailing his lot as a workman to live,</div> +<div>He grumbles against God and grieves without reason,</div> +<div>And curses the king and his council after</div> +<div>Who licence the laws that the labourers grieve."</div> +</div></div> + +<p>That the poor could thus become fastidious was a good sign of the rising +standard of comfort.</p> + +<p>But for all that life was hard, and much at the mercy of the weather, +and of the assaults of man's own fellows. The houses of the better folk +were of brick and stone, and glass windows were just becoming known, +whereas the substitute of oiled paper had been neither cheerful nor of +very much protection. But the huts of the poor were of plastered mud; +and even the walls of a quite respectable man's abode, we know from one +court summons to have been pierced by arrows shot at him by a pugnacious +neighbour. The plaintiff offered to take judge and jury then and there +and show them these "horrid weapons" still sticking to the exterior. In +the larger houses the hall had branched off, by the fourteenth century, +into withdrawing-rooms, and parlours, and bedrooms, such as the Paston +Letters describe with much curious wealth of detail. Lady Milicent +Falstolf, we are told, was the only one in her father's household who +had a ewer and washing-basin.</p> + +<p>Yet with all the lack of the modern necessities of life, human nature +was still much the same. The antagonism between rich and poor, which the +collapse of feudal relations had strained to breaking-point, was not +perhaps normally so intense as it is to-day; yet there was certainly +much oppression and unnecessary hardships to be suffered by the weak, +even in that age. The Ancren Riwle, that quaint form of life for +ankeresses drawn up by a Dominican in the thirteenth century,<span class='pagenum'><a name="Page_29" id="Page_29">[Pg 29]</a></span> shows +that even then, despite the distance of years and the passing of so many +generations, the manners and ways and mental attitudes of people +depended very much as to whether they were among those who had, or who +had not; the pious author in one passage of homely wit compares certain +of the sisters to "those artful children of rich parents who purposely +tear their clothes that they may have new ones."</p> + +<p>There have always been wanton waste and destitution side by side; and on +the prophecy of the One to whom all things were revealed, we know that +the poor shall be always with us. Yet we must honour those who, like +their Master, strive to smooth away the anxious wrinkles of the world.</p> + +<hr /> +<h2><a name="CHAPTER_III" id="CHAPTER_III"></a>CHAPTER III</h2> + +<h3>THE COMMUNISTS</h3> + +<p>There have always been religious teachers for whom all material creation +was a thing of evil. Through the whole of the Middle Ages, under the +various names of Manicheans, Albigensians, Vaudois, &c., they became +exceedingly vigorous, though their importance was only fitful. For them +property was essentially unclean, something to be avoided as carrying +with it the in-dwelling of the spirit of evil. Etienne de Bourbon, a +Dominican preacher of the thirteenth century, who got into communication +with one of these strange religionists, has left us a record, +exceedingly unprejudiced, of their beliefs. And amongst their other +tenets, he mentions this, that they condemned all who held landed +property. It will be here noticed that as regards these Vaudois (or Poor +Men of Lyons, as he informs us they were called), there could have been +no question of com<span class='pagenum'><a name="Page_30" id="Page_30">[Pg 30]</a></span>munism at all, for a common holding of property would +have been as objectionable as private property. To hold material things +either in community or severalty was in either case to bind oneself to +the evil principle. Yet Etienne tells us that there was a sect among +them which did sanction communism; they were called, in fact, the +<i>Communati</i> (<i>Tractatus de Diversis Materiis Predicabilibus</i>, Paris, +1877, p. 281). How they were able to reconcile this social state with +their beliefs it is quite impossible to say; but the presumption is that +the example of the early Christians was cited as of sufficient authority +by some of these teachers. Certain it is that a sect still lingered on +into the thirteenth century, called the <i>Apostolici</i>, who clung to the +system which had been in vogue among the Apostles. St. Thomas Aquinas +(<i>Summa Theologica</i>, 2<i>a</i>, 2<i>ae</i>, 66, 2) mentions them, and quotes St. +Augustine as one who had already refuted them. But these were seemingly +a Christian body, whereas the Albigensians could hardly make any such +claim, since they repudiated any belief in Christ's humanity, for it +conflicted with their most central dogma.</p> + +<p>Still it is clear that there were in existence certain obscure bodies +which clung to communism. The published records of the Inquisition refer +incessantly to preachers of this kind who denied private property, +asserted that no rich man could get to heaven, and attacked the practice +of almsgiving as something utterly immoral.</p> + +<p>The relation between these teachers and the Orders of friars has never +been adequately investigated. We know that the Dominicans and +Franciscans were from their earliest institution sent against them, and +must therefore have been well acquainted with their errors. And, as a +fact, we find rising among the friars a party which seemed no little +infected with the "spiritual"<span class='pagenum'><a name="Page_31" id="Page_31">[Pg 31]</a></span> tendency of these very Vaudois. The +Franciscan reverence for poverty, which the Poor Man of Assisi had so +strenuously advocated, had in fact become almost a superstition. Instead +of being, as the saint had intended it to be, merely a means to an end, +it had in process of time become looked upon as the essential of +religion. When, therefore, the excessive adoption of it made religious +life an almost impossible thing, an influential party among the +Franciscans endeavoured to have certain modifications made which should +limit it within reasonable bounds. But opposed to them was a determined, +resolute minority, which vigorously refused to have any part in such +"relaxations." The dispute between these two branches of the Order +became at last so tempestuous that it was carried to the Pope, who +appointed a commission of cardinals and theologians to adjudicate on the +rival theories. Their award was naturally in favour of those who, by +their reasonable interpretation of the meaning of poverty, were fighting +for the efficiency of their Order. But this drove the extreme party into +still further extremes. They rejected at once all papal right to +interfere with the constitutions of the friars, and declared that only +St. Francis could undo what St. Francis himself had bound up. Nor was +this all, for in the pursuance of their zeal for poverty they passed +quickly from denunciations of the Pope and the wealthy clergy (in which +their rhetoric found very effective matter for argument) into abstract +reasoning on the whole question of the private possession of property. +The treatises which they have left in crabbed Latin and involved methods +of argument make wearisome and irritating reading. Most are exceedingly +prolix. After pages of profound disquisitions, the conclusions reached +seem to have advanced the problem no further. Yet the gist of the whole +is<span class='pagenum'><a name="Page_32" id="Page_32">[Pg 32]</a></span> certainly an attempt to deny to any Christian the right to temporal +possessions. Michael of Cesena, the most logical and most effective of +the whole group, who eventually became the Minister-General of this +portion of the Order, does not hesitate to affirm the incompatibility of +Christianity and private property. From being a question as to the +teaching of St. Francis, the matter had grown to one as to the teaching +of Christ; and in order to prove satisfactorily that the practice of +poverty as inculcated by St. Francis was absolute and inviolable, it was +found necessary to hold that it was equally the declared doctrine of +Christ.</p> + +<p>Even Ockham, a brilliant Oxford Franciscan, who, together with Michael, +defended the Emperor, Louis of Bavaria, in his struggle against Pope +John XXII, let fall in the heat of controversy some sayings which must +have puzzled his august patron; for Louis would have been the very last +person for whom communism had any charms. Closely allied in spirit with +these "Spiritual Franciscans," as they were called, or Fraticelli, were +those curious mediaeval bodies of Beguins and Beghards. Hopelessly +pantheistic in their notion of the Divine Being, and following most +peculiar methods of reaching on earth the Beatific Vision, they took up +with the same doctrine of the religious duty of the communistic life. +They declared the practice of holding private property to be contrary to +the Divine Law.</p> + +<p>Another preacher of communism, and one whose name is well known for the +active propaganda of his opinions, and for his share in the English +Peasant Revolt of 1381, was John Ball, known to history as "The Mad +Priest of Kent." There is some difficulty in finding out what his real +theories were, for his chroniclers were his enemies, who took no very +elaborate<span class='pagenum'><a name="Page_33" id="Page_33">[Pg 33]</a></span> steps to ascertain the exact truth about him. Of course there +is the famous couplet which is said to have been the text of all his +sermons:</p> + +<div class="poem"><div class="stanza"> +<div>"Whaune Adam dalf and Eve span,</div> +<div>Who was thane a gentilman?"<a name="FNanchor_1_1" id="FNanchor_1_1"></a><a href="#Footnote_1_1" class="fnanchor">[1]</a></div> +</div></div> + +<p>at least, so it is reported of him in the <i>Chronicon Angliae</i>, the work +of an unknown monk of St. Albans (Roll Series, 1874, London, p. 321). +Froissart, that picturesque journalist, who naturally, as a friend of +the Court, detested the levelling doctrines of this political rebel, +gives what he calls one of John Ball's customary sermons. He is +evidently not attempting to report any actual sermon, but rather to give +a general summary of what was supposed to be Ball's opinions. As such, +it is worth quoting in full.</p> + +<p>"My good friends, things cannot go on well in England, nor ever will +until everything shall be in common; when there shall be neither vassal +nor lord, and all distinctions levelled; when lords shall be no more +masters than ourselves. How ill have they used us! and for what reason +do they thus hold us in bondage? Are we not all descended from the same +parents—Adam and Eve? And what can they show, and what reason give, why +they should be more the masters than ourselves? Except, perhaps, in +making us labour and work for them to spend." Froissart goes on to say +that for speeches of this nature the Archbishop of Canterbury put Ball +in prison, and adds that for himself he considers that "it would have +been better if he had been confined there all his life, or had been put +to death." However, the Archbishop "set him at liberty, for he could not +for<span class='pagenum'><a name="Page_34" id="Page_34">[Pg 34]</a></span> conscience sake have put him to death" (Froissart's <i>Chronicle</i>, +1848, London, book ii. cap. 73, pp. 652-653).</p> + +<p>From this extract all that can be gathered with certainty is the popular +idea of the opinions John Ball held; and it is instructive to find that +in the Primate's eyes there was nothing in the doctrine to warrant the +extreme penalty of the law. But in reality we have no certainty as to +what Ball actually taught, for in another account we find that, +preaching on Corpus Christi Day, June 13, 1381, during the last days of +the revolt, far fiercer words are ascribed to him. He is made to appeal +to the people to destroy the evil lords and unjust judges, who lurked +like tares among the wheat. "For when the great ones have been rooted up +and cast away, all will enjoy equal freedom—all will have common +nobility, rank, and power." Of course it may be that the war-fever of +the revolt had affected his language; but the sudden change of tone +imputed in the later speeches makes the reader somewhat suspicious of +the authenticity.</p> + +<p>The same difficulty which is experienced in discovering the real mind of +Ball is encountered when dealing with Wat Tyler and Jack Straw, who +were, with him, the leaders of the revolt. The confession of Jack Straw +quoted in the <i>Chronicon Angliae</i>, like nearly all mediaeval +"confessions," cannot be taken seriously. His accusers and judges +readily supplied what they considered he should have himself admitted. +Without any better evidence we cannot with safety say along what lines +he pushed his theories, or whether, indeed, he had any theories at all. +Again, Wat Tyler is reported to have spoken threateningly to the King on +the morning of his murder by Lord Mayor Walworth; but the evidence is +once more entirely one-sided, contributed by those<span class='pagenum'><a name="Page_35" id="Page_35">[Pg 35]</a></span> who were only too +anxious to produce information which should blacken the rebels in the +minds of the educated classes. As a matter of fact, the purely official +documents, in which we can probably put much more reliance (such as the +petitions that poured in from all parts of the country on behalf of the +peasants, and the proclamations issued by Richard II, in which all their +demands were granted on condition of their immediate withdrawal from the +capital), do not leave the impression that the people really advocated +any communistic doctrines; oppression is complained of, the lawyers +execrated, the labour laws are denounced, and that is practically all.</p> + +<p>It may be, indeed, that the traditional view of Ball and his followers, +which makes them one with the contemporaneous revolts of the Jacquerie +in France, the Ciompi in Florence, &c., has some basis in fact. But at +present we have no means of gauging the precise amount of truth it +contains.</p> + +<p>But even better known than John Ball is one who is commonly connected +with the Peasant Revolt, and whose social opinions are often grouped +under the same heading as that of the "Mad Priest of Kent,"—John +Wycliff, Master of Balliol, and parson of Lutterworth. This Oxford +professor has left us a number of works from which to quarry materials +to build up afresh the edifice he intended to erect. His chief +contribution is contained in his <i>De Civili Dominio</i>, but its +composition extended over a long period of years, during which time his +views were evidently changing; so that the precise meaning of his famous +theory on the Dominion of Grace is therefore difficult to ascertain.</p> + +<p>But in the opening of his treatise he lays down the two main "truths" +upon which his whole system rests:<span class='pagenum'><a name="Page_36" id="Page_36">[Pg 36]</a></span></p> + +<blockquote><p>I. No one in mortal sin has any right to the gifts of God;</p> + +<p>II. Whoever is in a state of grace has a right, not indeed to +possess the good things of God, but to use them.</p></blockquote> + +<p>He seems to look upon the whole question from a feudal point of view. +Sin is treason, involving therefore the forfeiture of all that is held +of God. Grace, on the other hand, makes us the liegemen of God, and +gives us the only possible right to all His good gifts. But, he would +seem to argue, it is incontestable that property and power are from God, +for so Scripture plainly assures us. Therefore, he concludes, by grace, +and grace alone, are we put in dominion over all things; once we are in +loyal subjection to God, we own all things, and hold them by the only +sure title. "Dominion by grace" is thus made to lead direct to +communism. His conclusion is quite clear: <i>Omnia debent esse communia</i>.</p> + +<p>In one of his sermons (Oxford, 1869, vol. i. p. 260), when he has proved +this point with much complacent argumentation, he poses himself with the +obvious difficulty that in point of fact this is not true; for many who +are apparently in mortal sin do possess property and have dominion. +What, then, is to be done, for "they be commonly mighty, and no man dare +take from them"? His answer is not very cheerful, for he has to console +his questioner with the barren scholastic comfort that "nevertheless, he +hath them not, but occupieth things that be not his." Emboldened by the +virtue of this dry logic, he breaks out into his gospel of plain +assertion that "the saints have now all things that they would have." +His whole argument, accordingly, does not get very far, for he is still +speaking really (though he does not at times very clearly dis<span class='pagenum'><a name="Page_37" id="Page_37">[Pg 37]</a></span>tinguish +between the two) much more about the right to a thing than its actual +possession. He does not really defend the despoiling of the evil rich at +all—in his own graphic phrase, "God must serve the Devil"; and all that +the blameless poor can do is to say to themselves that though the rich +"possess" or "occupy," the poor "have." It seems a strange sort of +"having"; but he is careful to note that, "as philosophers say, 'having +is in many manners.'"</p> + +<p>Wycliff himself, perhaps, had not definitely made up his mind as to the +real significance of his teaching; for the system which he sketches does +not seem to have been clearly thought out. His words certainly appear to +bear a communistic sense; but it is quite plain that this was not the +intention of the writer. He defends Plato at some length against the +criticism of Aristotle, but only on the ground that the disciple +misunderstood the master: "for I do not think Socrates to have so +intended, but only to have had the true catholic idea that each should +have the use of what belongs to his brother" (<i>De Civili Dominio</i>, +London, 1884-1904, vol. i. p. 99). And just a few lines farther on he +adds, "But whether Socrates understood this or not, I shall not further +question. This only I know, that by the law of charity every Christian +ought to have the just use of what belongs to his neighbour." What else +is this really but the teaching of Aristotle that there should be +"private property and common use"? It is, in fact, the very antithesis +of communism.</p> + +<p>Some have thought that he was fettered in his language by his academic +position; but no Oxford don has ever said such hard things about his +Alma Mater as did this master of Balliol. "Universities," says he, +"houses of study, colleges, as well as degrees and<span class='pagenum'><a name="Page_38" id="Page_38">[Pg 38]</a></span> masterships in them, +are vanities introduced by the heathen, and profit the Church as little +and as much as does Satan himself." Surely it were impossible to accuse +such a man of economy of language, and of being cowed by any University +fetish.</p> + +<p>His words, we have noted above, certainly can bear the interpretation of +a very levelling philosophy. Even in his own generation he was accused +through his followers of having had a hand in instigating the revolt. +His reply was an angry expostulation (Trevelyan's <i>England in the Age of +Wycliff</i>, 1909, London, p. 201). Indeed, considering that John of Gaunt +was his best friend and protector, it would be foolish to connect +Wycliff with the Peasant Rising. The insurgents, in their hatred of +Gaunt, whom they looked upon as the cause of their oppression, made all +whom they met swear to have no king named John (<i>Chronicon Angliae</i>, p. +286). And John Ball, whom the author of the <i>Fasciculi Zizaniorum</i> (p. +273, Roll Series, 1856, London) calls the "darling follower" of Wycliff, +can only be considered as such in his doctrinal teaching on the dogma of +the Real Presence. It must be remembered that to contemporary England +Wycliff's fame came from two of his opinions, viz. his denial of a real +objective Presence in the Mass (for Christ was there only by "ghostly +wit"), and his advice to King and Parliament to confiscate Church lands. +But whenever Ball or anyone else is accused of being a follower of +Wycliff, nothing else is probably referred to than the professor's +well-known opinion on the sacrament of the Eucharist. Hence it is that +the <i>Chronicon Angliae</i> speaks of John Ball as having been imprisoned +earlier in life for his Wycliffite errors, which it calls simply +<i>perversa dogmata</i>. The "Morning Star of the Reformation" being +therefore<span class='pagenum'><a name="Page_39" id="Page_39">[Pg 39]</a></span> declared innocent of complicity with the Peasant Revolt, it +is interesting to note to whom it is that he ascribes the whole force of +the rebellion. For him the head and front of all offending was the hated +friars.</p> + +<p>Against this imputation the four Orders of friars (the Dominicans, +Franciscans, Augustinians, and Carmelites) issued a protest. Fortunately +in their spirited reply they give the reasons on account of which they +are supposed to have shared in the rising. These were principally +negative. Thus it was stated that their influence with the people was so +great that had they ventured to oppose the spirit of revolt their words +would have been listened to (<i>Fasciculi Zizaniorum</i>, p. 293). The +chronicler of St. Albans is equally convinced of their weakness in not +preventing it, and declares that the flattery which they used alike on +rich and poor had also no mean share in producing the social unrest +(<i>Chronicon Angliae</i>, p. 312). Langland also, in his "Vision of Piers +Plowman," goes out of his way to denounce them for their levelling +doctrines:</p> + +<div class="poem"><div class="stanza"> +<div>"Envy heard this and bade friars go to school,</div> +<div>And learn logic and law and eke contemplation,</div> +<div>And preach men of Plato and prove it by Seneca</div> +<div>That all things under Heaven ought to be in common,</div> +<div>And yet he lieth, as I live, and to the lewd so preacheth</div> +<div>For God made to men a law and Moses it taught—</div> +</div><div class="stanza"> +<div class="i4"><i>Non concupisces rem proximi tui</i>"</div> +<div class="i2">(Thou shalt not covet thy neighbour's goods).</div> +</div></div> + +<p>Here then it is distinctly asserted that the spread of communistic +doctrines was due to the friars. Moreover, the same popular opinion is +reflected in the fabricated confession of Jack Straw, for he is made to +declare that had the rebels been successful, all the monastic orders, as +well as the secular clergy, would have been put to<span class='pagenum'><a name="Page_40" id="Page_40">[Pg 40]</a></span> death, and only the +friars would have been allowed to continue. Their numbers would have +sufficed for the spiritual needs of the whole kingdom (<i>Chronicon +Angliae</i>, p. 309). Moreover, it has been noticed that not a few of them +actually took part in the revolt, heading some of the bands of +countrymen who marched on London.</p> + +<p>It will have been seen, therefore, that Communism was a favourite +rallying-cry throughout the Middle Ages for all those on whom the +oppression of the feudal yoke bore heavily. It was partly also a +religious ideal for some of the strange gnostic sects which flourished +at that era. Moreover, it was an efficient weapon when used as an +accusation, for Wycliff and the friars alike both dreaded its +imputation. Perhaps of all that period, John Ball alone held it +consistently and without shame. Eloquent in the way of popular appeal, +he manifestly endeavoured to force it as a social reform on the +peasantry, who were suffering under the intolerable grievance of the +Statutes of Labourers. But though he roused the countryside to his +following, and made the people for the first time a thing of dread to +nobles and King, it does not appear that his ideas spread much beyond +his immediate lieutenants. Just as in their petitions the rebels made no +doctrinal statements against Church teaching, nor any capital out of +heretical attacks (except, singularly enough, to accuse the Primate, +whom they subsequently put to death, of overmuch leniency to Lollards), +so, too, they made no reference to the central idea of Ball's social +theories. In fact, little abstract matter could well have appealed to +them. Concrete oppression was all they knew, and were this done away +with, it is evident that they would have been well content.</p> + +<p>The case of the friars is curious. For though their<span class='pagenum'><a name="Page_41" id="Page_41">[Pg 41]</a></span> superiors made many +attempts to prove their hostility to the rebels, it is evident that +their actual teaching was suspected by those in high places. It is the +exact reversal of the case of Wycliff. His views, which sounded so +favourable to communism, are found on examination to be really nothing +but a plea to leave things alone, "for the saints have now all they +would have"; while on the other hand the theories of the friars, in +themselves so logical and consistent, and in appearance obviously +conservative to the fullest extent, turn out to contain the germ of +revolution.</p> + +<p>Said Lord Acton with his sober wit: "Not the devil, but St. Thomas +Aquinas, was the first Whig."</p> + +<div class="footnotes"><h3>FOOTNOTE:</h3> + +<div class="footnote"><p><a name="Footnote_1_1" id="Footnote_1_1"></a><a href="#FNanchor_1_1"><span class="label">[1]</span></a> This rhyme is of course much older than John Ball; <i>cf.</i> +Richard Rolle (1300-1349), i. 73, London, 1895.</p></div> +</div> + +<hr /> +<h2><a name="CHAPTER_IV" id="CHAPTER_IV"></a>CHAPTER IV</h2> + +<h3>THE SCHOOLMEN</h3> + +<p>The schoolmen in their adventurous quest after a complete harmony of all +philosophic learning could not neglect the great outstanding problems of +social and economic life. They flourished at the very period of European +history when commerce and manufacture were coming back to the West, and +their rise synchronises with the origin of the great houses of the +Italian and Jewish bankers. Yet there was very little in the past +learning of Christian teachers to guide them in these matters, for the +patristic theories, which we have already described, and a few isolated +passages cited in the Decretals of Gratian, formed as yet almost the +only contribution to the study of these sciences. However, this absence +of any organised body of knowledge was for them but one more stimulus +towards the<span class='pagenum'><a name="Page_42" id="Page_42">[Pg 42]</a></span> elaboration of a thorough synthesis of the moral aspect of +wealth. A few of the earlier masters made reference, detached and +personal, to the subject of dispute, but it was rather in the form of a +disorderly comment than the definite statement of a theory.</p> + +<p>Then came the translation of Aristotle's <i>Politics</i>, with the keen +criticism they contain of the views Plato had advocated. Here at once +the intellect of Europe found an exact exposition of principles, and +began immediately to debate their excellence and their defect. St. +Thomas Aquinas set to work on a literal commentary, and at his express +desire an accurate translation was made direct from the Greek by his +fellow-Dominican, William of Moerbeke. Later on, when all this had had +time to settle and find its place, St. Thomas worked out his own theory +of private property in two short articles in his famous <i>Summa +Theologica</i>. In his treatise on Justice, which occupies a large +proportion of the <i>Secund Secundae</i> of the <i>Summa</i>, he found himself +forced to discuss the moral evil of theft; and to do this adequately he +had first to explain what he meant by private possessions. Without +these, of course, there could be no theft at all.</p> + +<p>He began, therefore, by a preliminary article on the actual state of +created things—that is, the material, so to say, out of which private +property is evolved. Here he notes that the nature of things, their +constituent essence, is in the hands of God, not man. The worker can +change the form, and, in consequence, the value of a thing, but the +substance which lies beneath all the outward show is too subtle for him +to affect it in any way. To the Supreme Being alone can belong the power +of creation, annihilation, and absolute mutation. But besides this +tremendous force which God holds incom<span class='pagenum'><a name="Page_43" id="Page_43">[Pg 43]</a></span>municably, there is another which +He has given to man, namely, the use of created things. For when man was +made, he was endowed with the lordship of the earth. This lordship is +obviously one without which he could not live. The air, and the forces +of nature, the beasts of the field, the birds and fishes, the vegetation +in fruit and root, and the stretches of corn are necessary for man's +continued existence on the earth. Over them, therefore, he has this +limited dominion.</p> + +<p>Moreover, St. Thomas goes on, man has not merely the present moment to +consider. He is a being possessed of intelligence and will, powers which +demand and necessitate their own constant activity. Instinct, the gift +of brute creation, ensures the preservation of life by its blind +preparation for the morrow. Man has no such ready-made and spontaneous +faculty. His powers depend for their effectiveness on their deliberative +and strenuous exertions. And because life is a sacred thing, a lamp of +which the once extinguished light cannot be here re-enkindled, it +carries with it, when it is intelligent and volitional, the duty of +self-preservation. Accordingly the human animal is bound by the law of +his own being to provide against the necessities of the future. He has, +therefore, the right to acquire not merely what will suffice for the +instant, but to look forward and arrange against the time when his power +of work shall have lessened, or the objects which suffice for his +personal needs become scarcer or more difficult of attainment. Property, +therefore, of some kind or other, says Aquinas, is required by the very +nature of man. Individual possessions are not a mere adventitious luxury +which time has accustomed him to imagine as something he can hardly do +without, nor are they the result of civilised culture, which by the<span class='pagenum'><a name="Page_44" id="Page_44">[Pg 44]</a></span> law +of its own development creates fresh needs for each fresh demand +supplied; but in some form or other they are an absolute and dire +necessity, without which life could not be lived at all. Not simply for +his "well-being," but for his very existence, man finds them to be a +sacred need. Thus as they follow directly from the nature of creation, +we can term them "natural."</p> + +<p>St. Thomas then proceeds in his second article to enter into the +question of the rights of private property. The logical result of his +previous argument is only to affirm the need man has of some property; +the practice of actually dividing goods among individuals requires +further elaboration if it is to be reasonably defended. Man must have +the use of the fruits of the earth, but why these rather than those +should belong to him is an entirely different problem. It is the problem +of Socialism. For every socialist must demand for each member of the +human race the right to some possessions, food and other such +necessities. But why he should have this particular thing, and why that +other thing should belong to someone else, is the question which lies at +the basis of all attempts to preserve or destroy the present fabric of +society. Now, the argument which we have so far cited from St. Thomas is +simply based on the indefeasible right of the individual to the +maintenance of his life. Personality implies the right of the individual +to whatever is needful to him in achieving his earthly purpose, but does +not in itself justify the right to private property.</p> + +<p>"Two offices pertain to man with regard to exterior things" (thus he +continues). "The first is the power of procuring and dispensing, and in +respect to this, it is lawful for man to hold things as his own." Here +it is well to note that St. Thomas in this single sentence<span class='pagenum'><a name="Page_45" id="Page_45">[Pg 45]</a></span> teaches that +private property, or the individual occupation of actual land or capital +or instruments of wealth, is not contrary to the moral law. Consequently +he would repudiate the famous epigram, "<i>La Propriété c'est le vol</i>." +Man may hold and dispose of what belongs to him, may have private +property, and in no way offend against the principles of justice, +whether natural or divine.</p> + +<p>But in the rest of the article St. Thomas goes farther still. Not merely +does he hold the moral proposition that private property is lawful, but +he adds to it the social proposition that private property is necessary. +"It is even necessary," says he, "for human life, and that for three +reasons. Firstly, because everyone is more solicitous about procuring +what belongs to himself alone than that which is common to all or many, +since each shunning labour leaves to another what is the common burden +of all, as happens with a multitude of servants. Secondly, because human +affairs are conducted in a more orderly fashion if each has his own duty +of procuring a certain thing, while there would be confusion if each +should procure things haphazard. Thirdly, because in this way the peace +of men is better preserved, for each is content with his own. Whence we +see that strife more frequently arises among those who hold a thing in +common and individually. The other office which is man's concerning +exterior things, is the use of them; and with regard to this a man ought +not to hold exterior things as his own, but as common to all, that he +may portion them out to others readily in time of need." (The +translation is taken from <i>New Things and Old</i>, by H. C. O'Neill, 1909, +London, pp. 253-4.) The wording and argument of this will bear, and is +well worth, careful analysis. For St. Thomas<span class='pagenum'><a name="Page_46" id="Page_46">[Pg 46]</a></span> was a man, as Huxley +witnesses, of unique intellectual power, and, moreover, his theories on +private property were immediately accepted by all the schoolmen. Each +succeeding writer did little else than make more clear and defined the +outlines of the reasoning here elaborated. We shall, therefore, make no +further apology for an attempt to set out the lines of thought sketched +by Aquinas.</p> + +<p>It will be noticed at once that the principles on which private property +are here based are of an entirely different nature from those by which +the need of property itself was defended. For the latter we were led +back to the very nature of man himself and confronted with his right and +duty to preserve his own life. From this necessity of procuring supply +against the needs of the morrow, and the needs of the actual hour, was +deduced immediately the conclusion that property of some kind (<i>i.e.</i> +the possession of some material things) was demanded by the law of man's +nature. It was intended as an absolute justification of a sacred right. +But in this second article a completely different process is observed. +We are no longer considering man's essential nature in the abstract, but +are becoming involved in arguments of concrete experience. The first was +declared to be a sacred right, as it followed from a law of nature; the +second is merely conditioned by the reasons brought forward to support +it. To repeat the whole problem as it is put in the <i>Summa</i>, we can +epitomise the reasoning of St. Thomas in this easier way. The question +of property implies two main propositions: (<i>a</i>) the right to property, +<i>i.e.</i> to the use of material creation; (<i>b</i>) the right to private +property, <i>i.e.</i> to the actual division of material things among the +determined individuals of a social group. The former is a sacred,<span class='pagenum'><a name="Page_47" id="Page_47">[Pg 47]</a></span> +inalienable right, which can never be destroyed, for it springs from the +roots of man's nature. If man exists, and is responsible for his +existence, then he must necessarily have the right to the means without +which his existence is made impossible. But the second proposition must +be determined quite differently. The kind of property here spoken of is +simply a matter not of right, but of experienced necessity, and is to be +argued for on the distinct grounds that without it worse things would +follow: "it is even necessary for human life, and that for three +reasons." This is a purely conditional necessity, and depends entirely +on the practical effect of the three reasons cited. Were a state of +society to exist in which the three reasons could no longer be urged +seriously, then the necessity which they occasioned would also cease to +hold. In point of fact, St. Thomas was perfectly familiar with a social +group in which these conditions did not exist, and the law of individual +possession did not therefore hold, namely, the religious orders. As a +Dominican, he had defended his own Order against the attacks of those +who would have suppressed it altogether; and in his reply to William of +St. Amour he had been driven to uphold the right to common life, and +consequently to deny that private property was inalienable.</p> + +<p>Of course it was perfectly obvious that for St. Thomas himself the idea +of the Commune or the State owning all the land and capital, and +allowing to the individual citizens simply the use of these common +commodities, was no doubt impracticable; and the three reasons which he +gives are his sincere justification of the need of individual ownership. +Without this division of property, he considered that national life +would become even more full of contention than it was already. +Ac<span class='pagenum'><a name="Page_48" id="Page_48">[Pg 48]</a></span>cordingly, it was for its effectiveness in preventing a great number +of quarrels that he defended the individual ownership of property.</p> + +<p>Besides this article, there are many other expressions and broken +phrases in which Aquinas uses the same phrase, asserting that the actual +division of property was due to human nature. "Each field considered in +itself cannot be looked upon as naturally belonging to one rather than +to another" (2, 2, 57, 3); "distinction of property is not inculcated by +nature" (1<i>a</i>, 2<i>ae</i>, 94, 5); but again he is equally clear in insisting +on the other proposition, that there is no moral law which forbids the +possession of land in severalty. "The common claim upon things is +traceable to the natural law, not because the natural law dictates that +all things should be held in common, and nothing as belonging to any +individual person, but because according to the natural law there is no +distinction of possessions which comes by human convention" (2<i>a</i>, +2<i>ae</i>, 66, 2<i>ad</i> 1<i>m</i>.).</p> + +<p>To apprehend the full significance of this last remark, reference must +be made to the theories of the Roman legal writers, which have been +already explained. The law of nature was looked upon as some primitive +determination of universal acceptance, and of venerable sanction, which +sprang from the roots of man's being. This in its absolute form could +never be altered or changed; but there was besides another law which had +no such compelling power, but which rested simply on the experience of +the human race. This was reversible, for it depended on specific +conditions and stages of development. Thus nature dictated no division +of property, though it implied the necessity of some property; the need +of the division was only discovered when men set to work to live in +social inter<span class='pagenum'><a name="Page_49" id="Page_49">[Pg 49]</a></span>course. Then it was found that unless divisions were made, +existence was intolerable; and so by human convention, as St. Thomas +sometimes says, or by the law of nature, as he elsewhere expresses it, +the division into private property was agreed upon and took place.</p> + +<p>This elaborate statement of St. Thomas was widely accepted through all +the Middle Ages. Wycliff alone, and a few like him, ventured to oppose +it; but otherwise this extremely logical and moderate defence of +existing institutions received general adhesion. Even Scotus, like +Ockham, a brilliant Oxford scholar whose hidden tomb at Cologne finds +such few pilgrims kneeling in its shade, so hardy in his thought and so +eager to find a flaw in the arguments of Aquinas, has no alternative to +offer. Franciscan though he was, and therefore, perhaps, more likely to +favour communistic teaching, his own theory is but a repetition of what +his rival had already propounded. Thus, for example, he writes in a +typical passage: "Even supposing it as a principle of positive law that +'life must be lived peaceably in a state of polity,' it does not +straightway follow 'Therefore everyone must have separate possessions.' +For peace could be observed even if all things were in common. Nor even +if we presuppose the wickedness of those who live together is it a +necessary consequence. Still a distinction of property is decidedly in +accord with a peaceful social life. For the wicked rather take care of +their private possessions, and rather seek to appropriate to themselves +than to the community common goods. Whence come strife and contention. +Hence we find it (division of property) admitted in almost every +positive law. And although there is a fundamental principle from which +all other laws and rights spring,<span class='pagenum'><a name="Page_50" id="Page_50">[Pg 50]</a></span> still from that fundamental principle +positive human laws do not follow absolutely or immediately. Rather it +is as declarations or explanations in detail of that general principle +that they come into being, and must be considered as evidently in accord +with the universal law of nature." (<i>Super Sententias Quaestiones</i>, Bk. +4, Dist. 15, q. 2. Venice, 1580.)</p> + +<p>Here again, then, are the same salient points we have already noticed in +the <i>Summa</i>. There is the idea clearly insisted on that the division of +property is not a first principle nor an immediate deduction from a +first principle, that in itself it is not dictated by the natural law +which leaves all things in common, that it is, however, not contrary to +natural law, but evidently in accord with it, that its necessity and its +introduction were due entirely to the actual experience of the race.</p> + +<p>Again, to follow the theory chronologically still farther forward, St. +Antonino, whose charitable institutions in Florence have stamped deeply +with his personality that scene of his life's labours, does little more +than repeat the words of St. Thomas, though the actual phrase in which +he here compresses many pages of argument is reproduced from a work by +the famous Franciscan moralist John de Ripa. "It is by no means right +that here upon earth fallen humanity should have all things in common, +for the world would be turned into a desert, the way to fraud and all +manner of evils would be opened, and the good would have always the +worse, and the bad always the better, and the most effective means of +destroying all peace would be established" (<i>Summa Moralis</i>, 3, 3, 2, +1). Hence he concludes that "such a community of goods never could +benefit the State." These are none other arguments than those already +advanced by St. Thomas. His articles, already quoted, are indeed the +<i>Locus Classicus</i> for all<span class='pagenum'><a name="Page_51" id="Page_51">[Pg 51]</a></span> mediaeval theorists, and, though references +in every mediaeval work on social and economic questions are freely made +to Aristotle's <i>Politics</i>, it is evident that it is really Aquinas who +is intended.</p> + +<p>Distinction of property, therefore, though declared so necessary for +peaceable social life, does not, for these thinkers, rest on natural +law, nor a divine law, but on positive human law under the guidance of +prudence and authority. Communism is not something evil, but rather an +ideal too lofty to be ever here realised. It implied so much generosity, +and such a vigour of public spirit, as to be utterly beyond the reach of +fallen nature. The Apostles alone could venture to live so high a life, +"for their state transcended that of every other mode of living" +(Ptolomeo of Lucca, <i>De Regimine Principio</i>, book iv., cap. 4, Parma, +1864, p. 273). However, that form of communism which entailed an +absolutely even division of all wealth among all members of the group, +though it had come to them on the authority of Phileas and Lycurgus, was +indeed to be reprobated, for it contradicted the prime feature of all +creation. God made all things in their proper number, weight, and +measure. Yet in spite of all this it must be insisted on at the risk of +repetition that the socialist theory of State ownership is never +considered unjust, never in itself contrary to the moral law. Albertus +Magnus, the master of Aquinas, and the leader in commenting on +Aristotle's <i>Politics</i>, freely asserts that community of goods "is not +impossible, especially among those who are well disciplined by the +virtue of philanthropy—that is, the common love of all; for love, of +its own nature, is generous." But to arrange it, the power of the State +must be called into play; it cannot rest on any private authority. "This +is the proper task of the legislator, for it is the duty of the +legislator to arrange<span class='pagenum'><a name="Page_52" id="Page_52">[Pg 52]</a></span> everything for the best advantage of the +citizens" (<i>In Politicis</i>, ii. 2, p. 70, Lyons, 1651). Such, too, is the +teaching of St. Antonino, who even goes so far as to assert that "just +as the division of property at the beginning of historic time was made +by the authority of the State, it is evident that the same authority is +equally competent to reverse its decision and return to its earlier +social organisation" (<i>Summa Moralis</i>, ii. 3, 2, Verona, 1740, p. 182). +He lays down, indeed, a principle so broad that it is difficult to +understand where it could well end: "That can be justly determined by +the prince which is necessary for the peaceful intercourse of the +citizens." And in defence he points triumphantly to the fact that the +prince can set aside a just claim to property, and transfer it to +another who happens to hold it by prescription, on the ground of the +numerous disputes which might otherwise be occasioned. That is to say, +that the law of his time already admitted that in certain circumstances +the State could take what belonged to one and give it to another, +without there being any fault on the part of the previous owner to +justify its forfeiture; and he defends this proceeding on the axiom just +cited (<i>ibid.</i>, pp. 182-3), namely, its necessity "for the peaceful +intercourse of the citizens."</p> + +<p>The Schoolmen can therefore be regarded as a consistent and logical +school. They had an extreme dislike to any broad generalisation, and +preferred rather, whenever the occasion could be discovered, to +distinguish rather than to concede or deny. Hence, confronted by the +communistic theory of State ownership which had been advanced by Plato, +and by a curious group of strange, heterodox teachers, and which had, +moreover, the actual support of many patristic sayings,<span class='pagenum'><a name="Page_53" id="Page_53">[Pg 53]</a></span> and the strong +bias of monastic life, they set out joyfully to resolve it into the +simplest and most unassailable series of propositions. They began, +therefore, by admitting that nature made no division of property, and in +that sense held all things in common; that in the early stages of human +history, when man, as yet unfallen, was conceived as living in the +Garden of Eden in perfect innocency, common property amply satisfied his +sinless and unselfish moral character; that by the Fall lust and greed +overthrew this idyllic state, and led to a continued condition of +internecine strife, and the supremacy of might; that experience +gradually brought men to realise that their only hope towards peaceful +intercourse lay in the actual division of property, and the +establishment of a system of private ownership; that this could only be +set aside by men who were themselves perfect, or had vowed themselves to +pursue perfection, namely, Our Lord, His Apostles, and the members of +religious orders. To this list of what they held to be historic events +they added another which contained the moral deductions to be made from +these facts. This began by the assertion that private property in itself +was not in any sense contrary to the virtue of justice; that it was +entirely lawful; that it was even necessary on account of certain evil +conditions which otherwise would prevail; that the State, however, had +the right in extreme cases and for a just cause to transfer private +property from one to another; that it could, when the needs of its +citizens so demanded, reverse its primitive decision, and re-establish +its earlier form of common ownership; that this last system, however +possible, and however much it might be regretted as a vanished and lost +ideal, was decidedly now a violent and impracticable proceeding.</p> + +<p><span class='pagenum'><a name="Page_54" id="Page_54">[Pg 54]</a></span>These theories, it is evident, though they furnish the only arguments +which are still in use among us to support the present social +organisation, are also patent of an interpretation which might equally +lead to the very opposite conclusion. In his fear of any general +contradiction to communism which should be open to dispute, and in his +ever-constant memory of his own religious life as a Dominican friar, +Aquinas had to mark with precision to what extent and in what sense +private property could be justified. But at the same time he was forced +by the honesty of his logical training to concede what he could in +favour of the other side. He took up in this question, as in every +other, a middle course, in which neither extreme was admitted, but both +declared to contain an element of truth. It is clear, too, that his +scholastic followers, even to our own date, in their elaborate +commentaries can find no escape from the relentless logic of his +conclusions. Down the channel that he dug flowed the whole torrent of +mediaeval and modern scholasticism.<a name="FNanchor_2_2" id="FNanchor_2_2"></a><a href="#Footnote_2_2" class="fnanchor">[2]</a> But for those whose minds were +practical rather than abstract, one or other proposition he advanced, +isolated from the context of his thought, could be quoted as of moment, +and backed by the greatness of his name. His assertion of the absolute +impracticable nature of socialistic organisation, as he knew it in his +own age, was too good a weapon to be neglected by those who sought about +for means of defence for their own individualistic theories; whereas +others, like the friars of whom Wycliff and Langland spoke, and who +headed bands of luckless peasants in the revolt of 1381 against the +oppression of an over-legalised feudalism, were blind to this remarkable +ex<span class='pagenum'><a name="Page_55" id="Page_55">[Pg 55]</a></span>pression of Aquinas' opinion, and quoted him only when he declared +that "by nature all things were in common," and when he protested that +the socialist theory of itself contained nothing contrary to the +teaching of the gospel or the doctrines of the Church.</p> + +<p>Truth is blinding in its brilliance. Half-truths are easy to see, and +still easier to explain. Hence the full and detailed theory elaborated +by the Schoolmen has been tortured to fit first one and then another +scheme of political reform. Yet all the while its perfect adjustment of +every step in the argument remains a wonderful monument of the +intellectual delicacy and hardihood of the Schoolmen.</p> + +<div class="footnotes"><h3>FOOTNOTE:</h3> + +<div class="footnote"><p><a name="Footnote_2_2" id="Footnote_2_2"></a><a href="#FNanchor_2_2"><span class="label">[2]</span></a> <i>Cf.</i> Coutenson, <i>Theologia Mentis et Cordis</i>, iii. +388-389, Paris, 1875; and Billnart, <i>De Justitia</i>, i. 123-124, Liège, +1746.</p></div> +</div> + +<hr /> +<h2><a name="CHAPTER_V" id="CHAPTER_V"></a>CHAPTER V</h2> + +<h3>THE LAWYERS</h3> + +<p>Besides the Schoolmen, by whom the problems of life were viewed in the +refracted light of theology and philosophy, there was another important +class in mediaeval times which exercised itself over the same social +questions, but visaged them from an entirely different angle. This was +the great brotherhood of the law, which, whether as civil or canonical, +had its own theories of the rights of private ownership. It must be +remembered, too, that just as the theologians supported their views by +an appeal to what were considered historic facts in the origin of +property, so, too, the legalists depended for the material of their +judgment on circumstances which the common opinion of the time admitted +as authentic.</p> + +<p>When the West drifted out from the clouds of barbaric invasion, and had +come into calm waters, society was found to be organised on a basis of +what has been called<span class='pagenum'><a name="Page_56" id="Page_56">[Pg 56]</a></span> feudalism. That is to say, the natural and +universal result of an era of conquest by a wandering people is that the +new settlers hold their possessions from the conqueror on terms +essentially contractual. The actual agreements have varied constantly in +detail, but the main principle has always been one of reciprocal rights +and duties. So at the early dawn of the Middle Ages, after the period +picturesquely styled the Wanderings of the Nations, we find the +subjugating races have encamped in Europe, and hold it by a series of +fiefs. The action, for example, of William the Norman, as plainly shown +in Domesday Book, is typical of what had for some three or four +centuries been happening here and on the Continent. Large tracts of land +were parcelled out among the invading host, and handed over to +individual barons to hold from the King on definite terms of furnishing +him with men in times of war, of administering justice within their +domains, and of assisting at his Council Board when he should stand in +need of their advice. The barons, to suit their own convenience, divided +up these territories among their own retainers on terms similar to those +by which they held their own. And thus the whole organisation of the +country was graduated from the King through the greater barons to +tenants who held their possessions, whether a castle, or a farm, or a +single hut, from another to whom they owed suit and service.</p> + +<p>This roughly (constantly varying, and never actually quite so absolutely +carried out) is the leading principle of feudalism. It is clearly based +upon a contract between each man and his immediate lord; but, and this +is of importance in the consideration of the feudal theory of private +property, whatever rights and duties held good were not public, but +private. There was not at<span class='pagenum'><a name="Page_57" id="Page_57">[Pg 57]</a></span> the first, and in the days of what we may +call "pure feudalism," any concept of a national law or natural right, +but only a bundle of individual rights. Appeal from injustice was not +made at a supreme law-court, but only to the courts of the barons to +whom both litigants owed allegiance. The action of the King was quite +naturally always directed towards breaking open this enclosed sphere of +influence, and endeavouring to multiply the occasions on which his +officials might interfere in the courts of his subjects. Thus the idea +gradually grew up (and its growth is perhaps the most important matter +of remark in mediaeval history), by which the King's law and the King's +rights were looked upon as dominating those of individuals or groups. +The courts baron and customary, and the sokes of privileged townships +were steadily emptied of their more serious cases, and shorn of their +primitive powers. This, too, was undoubtedly the reason for the royal +interference in the courts Christian (the feudal name for the clerical +criminal court). The King looked on the Church, as he looked on his +barons and his exempted townships, as outside his royal supremacy, and, +in consequence, quarrelled over investiture and criminous clerks, and +every other point in which he had not as yet secured that his writs and +judgments should prevail. There was a whole series of courts of law +which were absolutely independent of his officers and his decision. His +restless energy throughout this period had, therefore, no other aim than +to bring all these into a line with his own, and either to capture them +for himself, or to reduce them to sheer impotence. But at the beginning +there was little notion of a royal judge who should have power to +determine cases in which barons not immediately holding their fiefs of +the King were implicated.<span class='pagenum'><a name="Page_58" id="Page_58">[Pg 58]</a></span> The concern of each was only with the lord +next above him. And the whole conception of legal rights was, therefore, +considered simply as private rights.</p> + +<p>The growth of royal power consequently acted most curiously on +contemporary thinkers. It meant centralisation, the setting up of a +definite force which should control the whole kingdom. It resulted in +absolutism increasing, with an ever-widening sphere of royal control. It +culminated in the Reformation, which added religion to the other +departments of State in which royal interference held predominance. Till +then the Papacy, as in some sort "a foreign power," world-wide and +many-weaponed, could treat on more than equal terms with any European +monarch, and secure independence for the clergy. With the lopping off of +the national churches from the parent stem, this energising force from a +distant centre of life ceased. Each separate clerical organisation could +now depend only on its own intrinsic efficiency. For most this meant +absolute surrender.</p> + +<p>The civil law therefore which supplanted feudalism entailed two +seemingly contradicting principles which are of importance in +considering the ownership of land. On the one hand, the supremacy of the +King was assured. The people became more and more heavily taxed, their +lands were subjected to closer inspection, their criminal actions were +viewed less as offences against individuals than as against the peace of +the King. It is an era in which, therefore, as we have already stated, +the power of the individual sinks gradually more and more into +insignificance in comparison with the rising force of the King's +dominion. Private rights are superseded by public rights.</p> + +<p>Yet, on the other hand, and by the development of<span class='pagenum'><a name="Page_59" id="Page_59">[Pg 59]</a></span> identically the same +principles, the individual gains. His tenure of land becomes far less a +matter of contract. He himself escapes from his feudal chief, and his +inferior tenants slip also from his control. He is no longer one in a +pyramid of grouped social organisation, but stands now as an individual +answerable only to the head of the State. He has duties still; but no +longer a personal relationship to his lord. It is the King and that +vague abstraction called the State which now claim him as a subject; and +by so doing are obliged to recognise his individual status. This new and +startling prominence of the individual disturbed the whole concept of +ownership. Originally under the influence of that pure feudalism which +nowhere existed in its absolute form, the two great forces in the life +of each member of the social group were his own and that of his +immediate lord. These fitted together into an almost indissoluble union; +and therefore absolute ownership of the soil was theoretically +impossible. Now, however, the individual was emancipated from his lord. +He was still, it is true, subject to the King, whose power might be a +great deal more oppressive than the barons' had been. But the King was +far off, whereas the baron had been near, and nearly always in full +evidence. Hence the result was the emphasis of the individual's absolute +dominion. Not, indeed, as though it excluded the dominion of the King, +but precisely because the royal predominance could only be recognised by +the effective shutting out of the interference of the lord. To exclude +the "middle-man," the King was driven to recognise the absolute dominion +of the individual over his own possessions.</p> + +<p>This is brought out in English law by Bracton and his school. Favourers +as they were of the royal pre<span class='pagenum'><a name="Page_60" id="Page_60">[Pg 60]</a></span>rogative, they were driven to take up the +paradoxical ground that the King was not the sole owner of property. To +defend the King they were obliged to dispossess him. To put his control +on its most effective basis, they had no other alternative left them +than to admit the fullest rights of the individual against the King. For +only if the individual had complete ownership, could there be no +interference on the part of the lord; only if the possessions of the +tenants were his own, were they prevented from falling under the +baronial jurisdiction. Therefore by apparently denying the royal +prerogative the civil lawyers were in effect, as they perfectly well +recognised, really extending it and enabling it to find its way into +cases and courts where it could not else well have entered.</p> + +<p>Seemingly, therefore, all idea of socialism or nationalisation of land +(at that date the great means of production) was now excluded. The +individualistic theory of property had suddenly appeared; and +simultaneously the old group forms, which implied collectivism in some +shape or other, ceased any longer to be recognised as systems of tenure. +Yet, at the same time, by a paradox as evident as that by which the +civilians exalted the royal prerogative apparently at its own expense, +or as that by which Wycliff's communism is found to be in reality a +justification of the policy of leaving things as they are, while St. +Thomas's theory of property is discovered as far less oppressive and +more adaptable to progressive developments of national wealth, it is +noticed that, from the point of view of the socialist, monarchical +absolutism is the most favourable form of a State's constitution. For +wherever a very strictly centralised system of government exists, it is +clear that a machinery, which needs little to turn it to the<span class='pagenum'><a name="Page_61" id="Page_61">[Pg 61]</a></span> advantage +of the absolute rule of a rebellious minority, has been already +constructed. In a country where, on the other hand, local government has +been enormously encouraged, it is obviously far more difficult for +socialism to force an entrance into each little group. There are all +sorts of local conditions to be squared, vagaries of law and +administration to be reduced to order, connecting bridges to be thrown +from one portion of the nation to the next, so as to form of it one +single whole. Were the socialists of to-day to seize on the machinery of +government in Germany and Russia, they could attain their purposes +easily and smoothly, and little difference in constitutional forms would +be observed in these countries, for already the theory of State +ownership and State interference actually obtains. They would only have +to substitute a <i>bloc</i> for a man. But in France and England, where the +centralisation is far less complete, the success of the socialistic +party and its achievement of supreme power would mean an almost entire +subversal of all established methods of administration, for all the +threads would have first to be gathered into a single hand.</p> + +<p>Consequently feudalism, which turned the landowners into petty +sovereigns and insisted on local courts, &c., though seemingly +communistic or socialistic, was really, from its intense local +colouring, far less easy of capture by those who favoured State +interference. It was individualistic, based on private rights. But the +new royal prerogative led the way to the consideration of the evident +ease by which, once the machine was possessed, the rest of the system +could without difficulty be brought into harmony with the new theories. +To make use of comparison, it was Cardinal Wolsey's assumption of full +legatine power by permission of the Pope which first suggested to Henry +VIII that he could<span class='pagenum'><a name="Page_62" id="Page_62">[Pg 62]</a></span> dispense with His Holiness altogether. He saw that +the Cardinal wielded both spiritual and temporal jurisdiction. He +coveted his minister's position, and eventually achieved it by ousting +both Clement and Wolsey, who had unwittingly shown him in which way more +power lay.</p> + +<p>So, similarly, the royal despotism itself, by centralising all power +into the hands of a single prince, accustomed men to the idea of the +absolute supremacy of national law, drove out of the field every +defender of the rights of minorities, and thus paved the way for the +substitution of the people for itself. The French Revolution was the +logical conclusion to be drawn from the theories of Louis XIV. It needed +only the fire of Rousseau to burn out the adventitious ornamentation +which in the shape of that monarch's personal glorification still +prevented the naked structure from being seen in all its clearness. +<i>L'Etat c'est moi</i> can be as aptly the watchword of a despotic +oligarchy, or a levelling socialism, as of a kingly tyranny, according +as it passes from the lips of the one to the few or the many. It is true +that the last phase was not completed till long after the Middle Ages +had closed, but the tendency towards it is evident in the teachings of +the civil lawyers.</p> + +<p class='tbrk'> </p> + +<p>Thus, for example, State absolutism is visible in the various +suggestions made by men like Pierre du Bois and Wycliff (who, in the +expression of their thoughts, are both rather lawyers than schoolmen) to +dispossess the clergy of their temporalities. The principles urged, for +instance, by these two in justification of this spoliation could be +applied equally well to the estates of laymen. For the same principles +put into the King's hand the undetermined power of doing what was<span class='pagenum'><a name="Page_63" id="Page_63">[Pg 63]</a></span> +necessary for the well-being of the State. It is true that Pierre du +Bois (<i>De Recuperatione Terre Sancte</i>, pp. 39-41, 115-8) asserted that +the royal authority was limited to deal in this way with Church lands, +and could not touch what belonged to others. But this proviso was +obviously inserted so arbitrarily that its logical force could not have +had any effect. Political necessity alone prevented it from being used +against the nobility and gentry.</p> + +<p>Ockham, however, the clever Oxford Franciscan, who formed one of the +group of pamphleteers that defended Louis of Bavaria against Pope John +XXII, quite clearly enlarged the grounds for Church disendowment so as +to include the taking over by the State of all individual property. He +was a thinker whose theories were strangely compounded of absolutism and +democracy. The Emperor was to be supported because his autocracy came +from the people. Hence, when Ockham is arguing about ecclesiastical +wealth, and the way in which it could be quite fairly confiscated by the +Government, he enters into a discussion about the origin of the imperial +dignity. This, he declares, was deliberately handed over by the people +to the Emperor. To escape making the Pope the original donor of the +imperial title, Ockham concedes that privilege to the people. It was +they, the people, who had handed over to the Caesars of the Holy Roman +Empire all their own rights and powers. Hence Louis was a monarch whose +absolutism rested on a popular basis. Then he proceeds in his argument +to say that the human positive law by which private property was +introduced was made by the people themselves, and that the right or +power by which this was done was transferred by them to the Emperor +along with the imperial dignity.</p> + +<p><span class='pagenum'><a name="Page_64" id="Page_64">[Pg 64]</a></span>Louis, therefore, had the same right to undo what they had done, for in +him all their powers now resided. This, of course, formed an excellent +principle from which to argue to his right to dispossess the Church of +its superfluous wealth—indeed of all its wealth. But it could prove +equally effectual against the holding by the individual of any property +whatever. It made, in effect, private ownership rest on the will of the +prince.</p> + +<p>Curiously, too, in quite another direction the same form of argument had +been already worked out by Nicole Oresme, a famous Bishop of Lisieux, +who first translated into French the <i>Politics</i> of Aristotle, and who +helped so largely in the reforms of Charles V of France. His great work +was in connection with the revision of the coinage, on which he composed +a celebrated treatise. He held that the change of the value of money, +either by its deliberate depreciation, or by its being brought back to +its earlier standard of face value, carried such widespread consequences +that the people should most certainly be consulted on it. It was not +fair to them to take such a step without their willing co-operation. Yet +he admits fully that, though this is the wiser and juster way of acting, +there was no absolute need for so doing, since all possession and all +property sprang from the King. And this last conclusion was advocated by +his rival, Philip de Meziers, whose advice Charles ultimately followed. +Philip taught that the king was sole judge of whatever was for public +use.</p> + +<p>But there was a further point in the same question which afforded matter +for an interesting discussion among the lawyers. Pope Innocent IV, who +had first been famous as a canonist, and retained as Pontiff his old +love for disputations of this kind, developed a theory of his own on the +relation between the right of<span class='pagenum'><a name="Page_65" id="Page_65">[Pg 65]</a></span> the individual to possess and the right +of the State over that possession. He distinguished carefully between +two entirely different concepts, namely, the right and its exercise. The +first he admitted to be sacred and inviolable, because it sprang from +the very nature of man. It could not be disturbed or in any way +molested; the State had therefore no power to interfere with the right. +But he suggested that the exercise of that right, or, to use his actual +phrase, the "actions in accord with that right," rested on the basis of +civil, positive law, and could therefore be controlled by legal +decisions. The right was sacred, its exercise was purely conventional. +Thus every man has a right to property; he can never by any possible +means divest himself of it, for it is rooted in the depths of his being, +and supported by his human nature. But this right appears especially to +be something internal, intrinsic. For him to exercise it—that is to +say, to hold this land or that, or indeed any land at all—the State's +intervention must be secured. At least the State can control his action +in buying, selling, or otherwise obtaining it. His right cannot be +denied, but for reasons of social importance its exercise well may be. +Nor did this then appear as a merely unmeaning distinction; he would not +admit that a right which could not be exercised was hardly worth +consideration. And, in point of fact, the Pope's private theory found +very many supporters.</p> + +<p>There were others, however, who judged it altogether too fantastical. +The most interesting of his opponents was a certain Antonio Roselli, a +very judiciously-minded civil lawyer, who goes very thoroughly into the +point at issue. He gives Innocent's views, and quotes what authority he +can find for them in the Digest and Decretals. But for himself he would +prefer to admit<span class='pagenum'><a name="Page_66" id="Page_66">[Pg 66]</a></span> that the right to private property is not at all sacred +or natural in the sense of being inviolable. He willingly concedes to +the State the right to judge all claims of possession. This is the more +startling since ordinarily his views are extremely moderate, and +throughout the controversy between Pope and Emperor he succeeded in +steering a very careful, delicate course. To him, however, all rights to +property were purely civil and arguable only on principles of positive +law. There was no need, therefore, to discriminate between the right and +its exercise, for both equally could be controlled by the State. There +are evidences to show that he admitted the right of each man to the +support of his own life, and, therefore, to private property in the form +of actual food, &c., necessary for the immediate moment; but he +distinctly asserts as his own personal idea that "the prince could take +away my right to a thing, and any exercise of that right," adding only +that for this there must be some cause. The prince cannot arbitrarily +confiscate property; he must have some reasonable motive of sufficient +gravity to outweigh the social inconveniences which confiscation would +necessarily produce. Not every cause is a sufficient one, but those only +which concern "public liberty or utility." Hence he decides that the +Pope cannot alienate Church lands without some justifying reason, nor +hand them over to the prince unless there happens to be an urgent need, +springing from national circumstances. It does not follow, however, that +he wishes to make over to the State absolute right to individual +property under normal conditions. The individual has the sole dominion +over his own possessions; that dominion reverts to the State only in +some extreme instance. His treatise, therefore (Goldast, <i>De Monarchia</i>, +1611-1614, Hanover,<span class='pagenum'><a name="Page_67" id="Page_67">[Pg 67]</a></span> p. 462, &c.), may be looked upon as summing up the +controversy as it then stood. The legal distinction suggested by +Innocent IV had been given up by the lawyers as insufficient. The +theories of Du Bois, Wycliff, Ockham, and the others had ceased to have +much significance, because they gave the royal power far too absolute a +jurisdiction over the possessions of its subjects. The feudal +contractual system, which these suggested reforms had intended to drive +out, had failed for entirely different reasons, and could evidently be +brought back only at the price of a complete and probably unsuccessful +disturbance of the social and economic organisation. The centralisation +which had risen on the ruins of the older local sovereignties and +immunities, had brought with it an emphasised recognition of the public +rights and duties of all subjects, and had at the same time confirmed +the individual in the ownership of his little property, and given him at +the last not a conditional, but an absolute possession. To safeguard +this, and to prevent it from becoming a block in public life, a factor +of discontent, the lawyers were engaged in framing an additional clause +which should give to the State an ultimate jurisdiction, and would +enable it to overrule any objections on the part of the individual to a +national policy or law. The suggested distinction that the word "right" +should be emptied of its deeper meaning, by refusing it the further +significance of "exercise," was too subtle and too legal to obtain much +public support. So that the lawyers were driven to admit that for a just +cause the very right itself could be set aside, and every private +possession (when public utility and liberty demanded it) confiscated or +transferred to another.</p> + +<p>Even the right to compensation for such confiscation was with equal +cleverness explained away. For it was<span class='pagenum'><a name="Page_68" id="Page_68">[Pg 68]</a></span> held that, when an individual had +lost his property through State action, and without his having done +anything to deserve it as a punishment, compensation could be claimed. +But whenever a whole people or nation was dispossessed by the State, +there was no such right at all to any indemnity.</p> + +<p>Thus was the wholesale adoption of land-nationalism to be justified. +Thus could the State capture all private possessions without any fear of +being guilty of robbery. It was considered that it was only the +oppression of the individual and class spoliation which really +contravened the moral law.</p> + +<p>The legal theories, therefore, which supplanted the old feudal concepts +were based on the extension of royal authority, and the establishment of +public rights. Individualistic possession was emphasised; yet the +simultaneous setting up of the absolute monarchies of the sixteenth +century really made their ultimate capture by the Socialist party more +possible.</p> + +<hr /> +<h2><a name="CHAPTER_VI" id="CHAPTER_VI"></a>CHAPTER VI</h2> + +<h3>THE SOCIAL REFORMERS</h3> + +<p>It may seem strange to class social reforms under the wider heading of +Socialistic Theories, and the only justification for doing so is that +which we have already put forward in defence of the whole book; namely, +that the term "socialistic" has come to bear so broad an interpretation +as to include a great deal that does not strictly belong to it. And it +is only on the ground of their advocating State interference in the +furtherance of their reforms that the reformers here mentioned can be +spoken of as socialistic.</p> + +<p>Of course there have been reformers in every age<span class='pagenum'><a name="Page_69" id="Page_69">[Pg 69]</a></span> who came to bring to +society their own personal measures of relief. But in the Middle Ages +hardly a writer took pen in hand who did not note in the body politic +some illness, and suggest some remedy. Howsoever abstruse might be the +subject of the volume, there was almost sure to be a reference to +economic or social life. It was not an epoch of specialists such as is +ours. Each author composed treatises in almost every branch of learning. +The same professor, according to mediaeval notions, might lecture to-day +on Scripture, to-morrow on theology or philosophy, and the day after on +natural science. For them a university was a place where each student +learnt, and each professor taught, universal knowledge. Still from time +to time men came to the front with some definite social message to be +delivered to their own generation. Some were poets like Langland, some +strike-leaders like John Ball, some religious enthusiasts like John +Wycliff, some royal officials like Pierre du Bois.</p> + +<p>This latter in his famous work addressed to King Edward I of England +(<i>De Recuperatione Sancte Terre</i>), has several most interesting and +refreshing chapters on the education of women. His bias is always +against religious orders, and, consequently, he favours the suppression +of almost every conventual establishment. Still, as these were at his +own date the only places where education could be considered to exist at +all, he had to elaborate for himself a plan for the proper instruction +of girls. First, of course, the nunneries must be confiscated by +Government. For him this was no act of injustice, since he regarded the +possessions of the whole clerical body as something outside the ordinary +laws of property. But having in this way cleared the ground of all +rivals, and captured some magnificent buildings, he can now go forward +in his scheme of education. He<span class='pagenum'><a name="Page_70" id="Page_70">[Pg 70]</a></span> insists on having only lay-mistresses, +and prescribes the course of study which these are to teach. There +should be, he held, many lectures on literature, and music, and poetry, +and the arts and crafts of home life. Embroidery and home-management are +necessities for the woman's work in after years, so they must be +acquired in these schools. But education cannot limit itself to these +branches of useful knowledge. It must take the woman's intelligence and +develop that as skilfully as it does the man's. She is not inferior to +him in power of reason, but only in her want of its right cultivation. +Hence the new schools are to train her to equal man in all the arts of +peace. Such is the main point in his programme, which even now sounds +too progressive for the majority of our educational critics. He appeals +for State interference that the colleges may be endowed out of the +revenues of the religious houses, and that they may be supported in such +a fashion as would always keep them abreast of the growing science of +the times. And when, after a schooling of such a kind as this, the girls +go out into their life-work as wives and mothers, he would wish them a +more complete equality with their men-folk than custom then allowed. The +spirit of freedom which is felt working through all his papers makes him +the apostle of what would now be called the "new woman."</p> + +<p>After him, there comes a lull in reforming ideas. But half a century +later occurs a very curious and sudden outburst of rebellion all over +Europe. From about the middle of the fourteenth century to the early +fifteenth there seemed to be an epidemic of severe social unrest. There +were at Paris, which has always been the nursery of revolutions, four +separate risings. Etienne Marcel, who, however, was rather a tribune of +the people than a<span class='pagenum'><a name="Page_71" id="Page_71">[Pg 71]</a></span> revolutionary leader, came into prominence in 1355; +he was followed by the Jacquerie in 1358, by the Maillotins in 1382, and +the Cabochiens in 1411. In Rome we know of Rienzi in 1347, who +eventually became hardly more than a popular demagogue; in Florence +there was the outbreak of Ciompi in 1378; in Bohemia the excesses of +Taborites in 1409; in England the Peasant Revolt of 1381.</p> + +<p>It is perfectly obvious that a series of social disturbances of this +nature could not leave the economic literature of the succeeding period +quite as placid as it had found it. We notice now that, putting away +questions of mere academic character, the thinkers and writers concern +themselves with the actual state of the people. Parliament has its +answer to the problem in a long list of statutes intended to muzzle the +turbulent and restless revolutionaries. But this could not satisfy men +who set their thought to study the lives and circumstances of their +fellow-citizens. Consequently, as a result, we can notice the rise of a +school of writers who interest themselves above all things in the +economic conditions of labour. Of this school the easiest exponent to +describe is Antonino of Florence, Archbishop and canonised saint. His +four great volumes on the exposition of the moral law are fascinating as +much for the quotations of other moralists which they contain, as for +the actual theories of the saint himself. For the Archbishop cites on +almost every page contemporary after contemporary who had had his say on +the same problems. He openly asserts that he has read widely, taken +notes of all his reading, has deliberately formed his opinions on the +judgments, reasoned or merely expressed, of his authors. To read his +books, then, is to realise that Antonino is summing up the whole<span class='pagenum'><a name="Page_72" id="Page_72">[Pg 72]</a></span> +experience of his generation. Indeed he was particularly well placed for +one who wished for information. Florence, then at the height of its +renown under the brilliant despotism of Cosimo dei Medici, was the scene +where the great events of the life of Antonino took place. There he had +seen within the city walls, three Popes, a Patriarch of Constantinople, +the Emperors of East and West, and the most eminent men of both +civilisations. He had taken part in a General Council of the Church, and +knew thinkers as widely divergent as Giovanni Dominici and Æneas Sylvius +Piccolomini. He was, therefore, more likely than most to have heard +whatever theories were proposed by the various great political statesmen +of Europe, whether they were churchmen or lawyers. Consequently, his +schemes, as we might well expect, are startlingly advanced.</p> + +<p>He begins by attacking the growing spirit of usury, and the resulting +idleness. Men were finding out that under the new conditions which +governed the money market it was possible to make a fortune without +having done a day's work. The sons of the aristocracy of Florence, which +was built up of merchant princes, and which had amassed its own fortunes +in honest trading, had been tempted by the bankers to put their wealth +out to interest, and to live on the surplus profit. The ease and +security with which this could be done made it a popular investment, +especially among the young men of fashion who came in, simply by +inheritance, for large sums of money. As a consequence Florence found +itself, for the first time in its history, beginning to possess a +wealthy class of men who had never themselves engaged in any profession. +The old reverence, therefore, which had always existed in the city for +the man who laboured in his art or guild, began to slacken.<span class='pagenum'><a name="Page_73" id="Page_73">[Pg 73]</a></span> No longer +was there the same eagerness noticeable which used to boast openly that +its rewards consisted in the consciousness of work well done. Instead, +idleness became the badge of gentility, and trade a slur upon a man's +reputation. No city can long survive so listless and languid an ideal. +The Archbishop, therefore, denounced this new method of usurious +traffic, and hinted further that to it was due the fierce rebellion +which had for a while plunged Florence into the horrors of the +Jacquerie. Wealth, he taught, should not of itself breed wealth, but +only through the toil of honest labour, and that labour should be the +labour of oneself, not of another.</p> + +<p>Then he proceeded to argue that as upon the husband lies the labour of +trade, the greater portion of his day must necessarily be passed outside +the circle of family life. The breadwinner can attend neither to works +of piety nor of charity in the way he should, and, consequently, to his +wife it must be left to supply for his defects. She must take his place +in the church, and amid the slums of the poor; she must for him and his +lift her hands in prayer, and dispense his superfluous wealth in +succouring the poverty-stricken. For the Archbishop will have none of +the soothing doctrine which the millionaire preaches to the mob. He +asserts that poverty is not a good thing; in itself it is an evil, and +can be considered to lead only accidentally to any good. When, +therefore, it assumes the form of destitution, every effort must be made +to banish it from the State. For if it were to become at all prevalent +in a nation, then would that people be on the pathway to its ruin. The +politicians should therefore make it the end of their endeavours—though +this, it may be, is an ideal which can never be fully brought to +realisation—to leave each man in a state of sufficiency. No one,<span class='pagenum'><a name="Page_74" id="Page_74">[Pg 74]</a></span> for +whatever reason, should be allowed to become destitute. Even should it +be by his own fault that he were brought low, he must be provided for by +the State, which has, however, in these circumstances, at the same time, +the duty of punishing him.</p> + +<p>But he remarks that the cause of poverty is more often the unjust rate +of wages. The competition even of those days made men beat each other +down in clamouring for work to be given them, and afforded to the +employers an opportunity of taking workers who willingly accepted an +inadequate scale of remuneration. This state of things he considered to +be unjustifiable and unjust. No one had any right to make profit out of +the wretchedness of the poor. Each human being had the duty of +supporting his own life, and this he could not do except by the hiring +of his own labour to another. That other, therefore, by the immutable +laws of justice, when he used the powers of his fellow-man, was obliged +in conscience to see that those powers could be fittingly sustained by +the commodity which he exchanged for them. That is, the employer was +bound to take note that his employees received such return for their +labour as should compensate them for his use of it. The payment promised +and given should be, in other words, what we would now speak of as a +"living wage." But further, above this mere margin, additional rewards +should be added according to the skill of the workman, or the dangerous +nature of his employment, or the number of his children. The wages also +should be paid promptly, without delay.</p> + +<p>But it may sometimes happen that the labour which a man can contribute +is not of such a kind as will enable him to receive the fair +remuneration that should suffice for his bodily comfort. The saint is +thinking of boy-<span class='pagenum'><a name="Page_75" id="Page_75">[Pg 75]</a></span>labour, and the case of those too enfeebled by age or +illness to work adequately, or perhaps at all. What is to be done for +them? Let the State look to it, is his reply. The community must, by the +law of its own existence, support all its members, and out of its +superfluous wealth must provide for its weaker citizens. Those, +therefore, who can labour harder than they need, or who already possess +more riches than suffice for them, are obliged by the natural law of +charity to give to those less favourably circumstanced than themselves.</p> + +<p>St. Antonino does not, therefore, pretend to advocate any system of +rigid equality among men. There is bound to be, in his opinion, variety +among them, and from this variety comes indeed the harmony of the +universe. For some are born to rule, and others, by the feebleness of +their understanding or of their will, are fitted only to obey. The +workman and servant must faithfully discharge the duties of their trade +or service, be quick to receive a command, and reverent in their +obedience. And the masters, in their turn, must be forbearing in their +language, generous in their remuneration, and temperate in their +commands. It is their business to study the powers of each of those whom +they employ, and to measure out the work to each one according to the +capacity which is discoverable in him. When a faithful labourer has +become ill, the employer must himself tend and care for him, and be in +no hurry to send him to a hospital.</p> + +<p>About the hospitals themselves he has his own ideas, or at least he has +picked out the sanest that he can find in the books and conversation of +people whom he has come across. He insists strongly that women should, +as matrons and nurses, manage those institutions which are solely for +the benefit of women; and even in those<span class='pagenum'><a name="Page_76" id="Page_76">[Pg 76]</a></span> where men also are received, he +can see no incompatibility in their being administered by these same +capable directors. He much commends the custom of chemists in Florence +on Sundays, feast-days, and holidays of opening their dispensaries in +turn. So that even should all the other shops be closed, there would +always be one place open where medicines and drugs could be obtained in +an emergency.</p> + +<p>The education of the citizens, too, is another work which the State must +consider. It is not something merely optional which is to be left to the +judgment of the parent. The Archbishop holds that its proper +organisation is the duty of the prince. Education, in his eyes, means +that the children must be taught the knowledge of God, of letters, and +of the arts and crafts they are to pursue in after life.</p> + +<p>Again, he has thought out the theory of taxation. He admits its +necessity. The State is obliged to perform certain duties for the +community. It is obliged, for example, to make its roads fit for +travelling, and so render them passable for the transfer of merchandise. +It is bound to clear away all brigandage, highway robbery, and the like, +for were this not done, no merchant would venture out through that +State's territory, and its people would accordingly suffer.</p> + +<p>Hence, again, he deduces the need for some sort of army, so that the +goods of the citizens may be secured against the invader, for without +this security there would be no stimulus to trade. Bridges must be +built, and fords kept in repair. Since, therefore, the State is obliged +to incur expenses in order to attain these objects, the State has the +right, and indeed the duty, to order it so that the community shall pay +for the benefits which it is to receive. Hence follows taxation.<span class='pagenum'><a name="Page_77" id="Page_77">[Pg 77]</a></span></p> + +<p>But he sees at once that this power of demanding forced contributions +from wealthy members of society needs safeguarding against abuse. Thus +he is careful to insist that taxation can be valid only when it is +levied by public authority, else it becomes sheer brigandage. No less is +it to be reprobated when ordered indeed by public authority, but not +used for public benefit. Thus, should it happen that a prince or other +ruler of a State extorted money from his subjects on pretence of keeping +the roads in good order, or similar works for the advantage of the +community, and yet neglected to put the contributions of his people to +this use, he would be defrauding the public, and guilty of treason +against his country. So, too, to lay heavier burdens on his subjects +than they could bear, or to graduate the scale in such a fashion as to +weigh more heavily on one class than another, would be, in the ruler, an +aggravated form of theft. Taxation must therefore be decreed by public +authority, and be arranged according to some reasonable measure, and +rest on the motive of benefiting the social organisation.</p> + +<p>The citizens therefore who are elected to settle the incidence of +taxation must be careful to take account of the income of each man, and +so manage that on no one should the burden be too oppressive. He +suggests himself the percentage of one pound per hundred. Nor, again, +must there be any deliberate attempt to penalise political opponents, or +to make use of taxation in order to avenge class-oppression. Were this +to be done, the citizens so acting would be bound to make restitution to +the persons whom they had thus injured.</p> + +<p>Then St. Antonino takes the case of those who make a false declaration +of their income. These, too, he<span class='pagenum'><a name="Page_78" id="Page_78">[Pg 78]</a></span> convicts of injustice, and requires of +them that they also should make restitution, but to the State. An +exception to this, however, he allows. For if it happens to be the +custom for each to make a declaration of income which is obviously below +the real amount, then simply because all do it and all are known to do +it, there is no obligation for the individual to act differently from +his neighbours. It is not injustice, for the law evidently recognises +the practice. And were he, on the other hand, to announce his full +yearly wage of earnings, he would allow himself to be taxed beyond the +proper measure of value. But to refuse to pay, or to elude by some +subterfuge the just contribution which a man owes of his wealth to the +easing of the public burdens, is in the eyes of the Archbishop a crime +against the State. It would be an act of injustice, of theft, all the +more heinous in that, as he declares with a flash of the energy of +Rousseau, the "common good is something almost divine."</p> + +<p>We have dwelt rather at length on the schemes of this one economist, and +may seem, therefore, to have overlooked the writings of others equally +full of interest. But the reason has been because this Florentine +moralist does stand so perfectly for a whole school. He has read +omnivorously, and has but selected most of his thoughts. He compares +himself, indeed, in one passage of these volumes, to the laborious ant, +"that tiny insect which wanders here and there, and gathers together +what it thinks to be of use to its community." He represents a whole +school, and represents it at its best, for there is no extreme dogmatism +in him, no arguing from grounds that are purely arbitrary, or from <i>a +priori</i> principles. It is his knowledge of the people among whom he had +laboured so long which fits him to speak<span class='pagenum'><a name="Page_79" id="Page_79">[Pg 79]</a></span> of the real sufferings of the +poor. But experience requires for its being effectually put to the best +advantage, that it should be wielded by one whose judgment is sober and +careful. Now, St. Antonino was known in his own day as Antonino the +Counsellor; and his justly-balanced decision, his delicately-poised +advice, the straightness of his insight, are noticeable in the masterly +way in which he sums up all the best that earlier and contemporary +writers had devised in the domain of social economics.</p> + +<p>There is, just at the close of the period with which this book deals, a +rising school of reformers who can be grouped round More's <i>Utopia</i>. +Some foreshadowed him, and others continued his speculations. Men like +Harrington in his <i>Oceana</i>, and Milton in his <i>Areopagitica</i>, really +belong to the same band; but life for them had changed very greatly, and +already become something far more complex than the earlier writers had +had to consider. There seemed no possibility of reforming it by the +simple justice which St. Antonino and his fellows judged to be +sufficient to set things back again as they had been in the Golden Age. +The new writers are rather political than social. For them, as for the +Greeks, it is the constitution which must be repaired. Whereas the +mediaeval socialists thought, as St. Thomas indeed never wearied of +repeating, that unrest and discontent would continue under any form of +government whatever. The more each city changed its constitution, the +more it remained the same. Florence, whether under a republic or a +despotism, was equally happy and equally sad. For it was the spirit of +government alone which, in the eyes of the scholastic social writers, +made the State what it happened to be.</p> + +<p><span class='pagenum'><a name="Page_80" id="Page_80">[Pg 80]</a></span>In this the modern sociologist of to-day finds himself more akin with +the mediaeval thinkers than with the idealists of the parliamentary era +in England, or of the Revolution in France. These fixed their hopes on +definite organisations of government, and on the exact balance of +executive and legislative powers. But for Scotus, and Wycliff, and St. +Antonino, the cause of the evil is far deeper and more personal. Not in +any form of the constitution, nor in any division of ruling authority, +nor in its union under a firm despot, nor in the divine right of kings, +or nobles, or people, was security to be found, or the well-ordering of +the nation. But peace and rest from faction could be achieved with +certainty only on the conditions of strict justice between man and man, +on the observance of God's commandments.</p> + +<hr /> +<h2><a name="CHAPTER_VII" id="CHAPTER_VII"></a>CHAPTER VII</h2> + +<h3>THE THEORY OF ALMSGIVING</h3> + +<p>Any description of mediaeval socialistic ideals which contained no +reference to mediaeval notions of almsgiving would not be complete. +Almsgiving was for them a necessary corollary to their theories of +private possession. In the passage already quoted from St. Thomas +Aquinas (p. 45), wherein he sets forth the theological aspect of +property, he makes use of a broad distinction between what he calls "the +power of procuring and dispensing" exterior things and "the use of +them." We have already at some length tried to show what economists then +meant by this first "power." Now we must establish the significance of +what they intended by the second. And to do this the<span class='pagenum'><a name="Page_81" id="Page_81">[Pg 81]</a></span> more clearly it +will be as well to repeat the words in which St. Thomas briefly notes +it: "The other office which is man's concerning exterior things is the +use of them; and with regard to this a man ought not to hold exterior +things as his own, but as common to all, that he may portion them out +readily to others in time of need."</p> + +<p>In this sentence is summed up the whole mediaeval concept of the law of +almsdeeds. Private property is allowed—is, in fact, necessary for human +life—but on certain conditions. These imply that the possession of +property belongs to the individual, but also that the use of it is not +limited to him. The property is private, the use should be common. +Indeed, it is only this common enjoyment which at all justifies private +possession. It was as obvious then as now that there were inequalities +in life, that one man was born to ease or wealth, or a great name, +whereas another came into existence without any of these advantages, +perhaps even hampered by positive disadvantages. Henry of Langenstein +(1325-1397) in his famous <i>Tractatus de Contractibus</i> (published among +the works of Gerson at Cologne, 1484, tom. iv. fol. 188), draws out this +variety of fortune and misfortune in a very detailed fashion, and puts +before his reader example after example of what they were then likely to +have seen. But all the while he has his reason for so doing. He +acknowledges the fact, and proceeds from it to build up his own +explanation of it. The world is filled with all these men in their +differing circumstances. Now, to make life possible for them, he asserts +that private property is necessary. He is very energetic in his +insistence upon that point. Without private property he thinks that +there will be continual strife in which might, and not right, will have +the greater probability of success. But<span class='pagenum'><a name="Page_82" id="Page_82">[Pg 82]</a></span> simultaneously, and as a +corrective to the evils which private property of itself would cause +there should be added to it the condition of common use. That is to say, +that although I own what is mine, yet I should put no obstacle in the +way of its reasonable use by others. This is, of course, really the +ideal of Aristotle in his book of <i>Politics</i>, when he makes his reply to +Plato's communism. In Plato's judgment, the republic should be governed +in the reverse way, <i>Common property and private use</i>; he would really +make this, which is a feature of monastic life, compulsory on all. But +Aristotle, looking out on the world, an observer of human nature, a +student of the human heart, sets up as more feasible, more practical, +the phrase which the Middle Ages repeat, <i>Private property and common +use</i>. The economics of a religious house are hardly of such a kind, +thought the mediaevalists, as to suit the ways and fancies of this +workaday world.</p> + +<p>But the Middle Ages do not simply repeat, they Christianise Aristotle. +They are dominated by his categories of thought, but they perfect them +in the light of the New Dispensation. Faith is added to politics, love +of the brotherhood is made to extend the mere brutality of the +economists' teaching. In "common use" they find the philosophic name for +"almsdeeds." "A man ought not to hold exterior things as his own, but as +common to all, that he may portion them out readily to others in time of +need." This sentence, an almost literal translation from the <i>Book of +Politics</i>, takes on a fuller meaning and is softened by the +unselfishness of Christ when it is found in the <i>Summa Theologica</i> of +Aquinas.</p> + +<p>Let us take boldly the passage from St. Thomas in which he lays down the +law of almsgiving.</p> + +<p><span class='pagenum'><a name="Page_83" id="Page_83">[Pg 83]</a></span>(2<i>a</i>, 2<i>ae</i>, 32, 5.) "Since love of one's neighbour is commanded us, it +follows that everything without which that love cannot be preserved, is +also commanded us. But it is essential to the love of one's neighbour, +not merely to wish him well, but to act well towards him; as says St. +John (1 Ep. 3), 'Let us not love in word nor in tongue, but in deed and +in truth.' But to wish and to act well towards anyone implies that we +should succour him when he is in need, and this is done by almsgiving. +Hence almsgiving is a matter of precept. But because precepts are given +in things that concern virtuous living, the almsgiving here referred to +must be of such a kind as shall promote virtuous living. That is to say, +it must be consonant with right reason; and this in turn implies a +twofold consideration, namely, from the point of view of the giver, and +from that of the receiver. As regards the giver, it must be noted that +what is given should not be necessary to him, as says St. Luke 'That +which is superfluous, give in alms.' And by 'not necessary' I mean not +only to himself (<i>i.e.</i> what is over and above his individual needs), +but to those who depend on him. For a man must first provide for himself +and those of whom he has the care, and can then succour such of the rest +as are necessitous—that is, such as are without what their personal +needs entail. For so, too, nature provides that nutrition should be +communicated first to the body, and only secondly to that which is to be +begotten of it. As regards the receiver, it is required that he should +really be in need, else there is no reason for alms being given him. But +since it is impossible for one man to succour all who are in need, he is +only under obligation to help such as cannot otherwise be provided for. +For in this case the words of Ambrose become<span class='pagenum'><a name="Page_84" id="Page_84">[Pg 84]</a></span> applicable: 'Feed them +that are dying of starvation, else shall you be held their murderer.' +Hence it is a matter of precept to give alms to whosoever is in extreme +necessity. But in other cases (namely, where the necessity is not +extreme) almsgiving is simply a counsel, and not a command."</p> + +<p>(<i>Ad</i> 2<i>m.</i>) "Temporal goods which are given a man by God are his as +regards their possession, but as regards their use, if they should be +superfluous to him, they belong also to others who may be provided for +out of them. Hence St. Basil says: 'If you admit that God gave these +temporal goods to you, is God unjust in thus unequally distributing His +favours? Why should you abound, and another be forced to beg, unless it +is intended thereby that you should merit by your generosity, and he by +his patience? For it is the bread of the starving that you cling to; it +is the clothes of the naked that hang locked in your wardrobe; it is the +shoes of the barefooted that are ranged in your room; it is the silver +of the needy that you hoard. For you are injuring whoever is in want.' +And Ambrose repeats the same thing."</p> + +<p>Here it will be noticed that we find the real meaning of those words +about a man's duty of portioning out readily to another's use what +belongs to himself. It is the correlative to the right to private +property.</p> + +<p>But a second quotation must be made from another passage closely +following on the preceding:</p> + +<p>"There is a time when to withhold alms is to commit mortal sin. Namely, +when on the part of the receiver there is evident and urgent necessity, +and he does not seem likely to be provided for otherwise, and when on +the part of the giver he has superfluities of which he has not any +probable immediate need. Nor should the<span class='pagenum'><a name="Page_85" id="Page_85">[Pg 85]</a></span> future be in question, for this +would be looking to the morrow, which the Master has forbidden (Matt. +6)."</p> + +<p>(<i>Ibid.</i>, 32, 6.) "But 'superfluous' and 'necessity' are to be +interpreted according to their most probable and generally accepted +meaning. 'Necessary' has two meanings. First, it implies something +without which a thing cannot exist. Interpreted in this sense, a man has +no business to give alms out of what is necessary to him; for example, +if a man has only enough wherewith to feed himself and his sons or +others dependent on him. For to give alms out of this would be to +deprive himself and his of very life, unless it were indeed for the sake +of prolonging the life of someone of extreme importance to Church and +State. In that case it might be praiseworthy to expose his life and the +lives of others to grave risk, for the common good is to be preferred to +our own private interests. Secondly, 'necessary' may mean that without +which a person cannot be considered to uphold becomingly his proper +station, and that of those dependent on him. The exact measure of this +necessity cannot be very precisely determined, as to how far things +added may be beyond the necessity of his station, or things taken away +be below it. To give alms, therefore, out of these is a matter not of +precept, but of counsel. For it would not be right to give alms out of +these, so as to help others, and thereby be rendered unable to fulfil +the obligations of his state of life. For no one should live +unbecomingly. Three exceptions, however, should be made. First, when a +man wishes to change his state of life. Thus it would be an act of +perfect virtue if a man, for the purpose of entering a religious order, +distributed to the poor for Christ's sake all that he possessed. +Secondly, when a man gives alms out of<span class='pagenum'><a name="Page_86" id="Page_86">[Pg 86]</a></span> what is necessary for his state +of life, and yet does so knowing that they can very easily be supplied +to him again without much personal inconvenience. Thirdly, when some +private person, still more when the State itself, is in the gravest +need. In these cases it would be most praiseworthy for a man to give +what seemingly was required for the upkeep of his station in life in +order to provide against some far greater need."</p> + +<p>From these passages it will be possible to construct the theory in vogue +during the whole of the Middle Ages. The landholder was considered to +possess his property on a system of feudal tenure, and to be obliged +thereby to certain acts of suit and service to his immediate lord, or +eventually to the King. But besides these burdens which the +responsibility of possession entailed, there were others incumbent on +him, because of his brotherhood with all Christian folk. He owed a debt, +not merely to his superiors, but also to his equals. Such was the +interpretation of Christ's commandment which the mediaeval theologians +adopted. With one voice they declare that to give away to the needy what +is superfluous is no act of charity, but of justice. St. Jerome's words +were often quoted: "If thou hast more than is necessary for thy food and +clothing, give that away, and consider that in thus acting thou art but +paying a debt" (Epist. 50 ad Edilia q. i.); and those others of St. +Augustine, "When superfluities are retained, it is the property of +others which is retained" (in Psalm 147). These and like sayings of the +Fathers constitute the texts on which the moral economic doctrine of +what is called the Scholastic School is based. Albertus Magnus (vol. iv. +in Sent. 4, 14, p. 277, Lyons, 1651) puts to himself the question +whether to give alms is a matter of justice or of charity, and the +answer which<span class='pagenum'><a name="Page_87" id="Page_87">[Pg 87]</a></span> he makes is compressed finally into this sentence: "For a +man to give out of his superfluities is a mere act of justice, because +he is rather the steward of them for the poor than the owner." St. +Thomas Aquinas is equally explicit, as another short sentence shall show +(2<i>a</i>, 2<i>ae</i>, 66, 2, <i>ad</i> 3<i>m</i>): "When Ambrose says 'Let no one call his +own that which is common property,' he is referring to the use of +property. Hence he adds: 'Whatever a man possesses above what is +necessary for his sufficient comfort, he holds by violence.'" And the +same view could be backed by quotations from Henry of Ghent, Duns +Scotus, St. Bonaventure, the sermons of Wycliff, and almost every writer +of any consequence in that age.</p> + +<p>Perhaps to us this decided tone may appear remarkable, and even +ill-considered. But it is evident that the whole trouble lies in the +precise meaning to be attached to the expressions "superfluous" and +"needy." And here, where we feel most of all the need of guidance, it +must be confessed that few authors venture to speak with much +definiteness. The instance, indeed, of a man placed in extreme +necessity, all quote and explain in nearly identical language. Should +anyone be reduced to these last circumstances, so as to be without means +of subsistence or sufficient wealth to acquire them, he may, in fact +must, take from anywhere whatever suffices for his immediate +requirements. If he begs for the necessities of life, they cannot be +withheld from him. Nor is the expression "necessities of life" to be +interpreted too nicely. Says Albertus Magnus: "I mean by necessary not +that without which he cannot live, but that also without which he cannot +maintain his household, or exercise the duties proper to his condition" +(<i>loc. cit.</i>, art. 16, p. 280). This is a very generous<span class='pagenum'><a name="Page_88" id="Page_88">[Pg 88]</a></span> interpretation +of the phrase, but it is the one pretty generally given by all the chief +writers of that period. Of course they saw at once that there were +practical difficulties in the way of such a manner of acting. How was it +possible to determine whether such a one was in real need or not? And +the only answer given was that, if it was evident that a man was so +placed, there could be no option about giving; almsdeeds then became of +precept. But that, if there were no convincing signs of absolute need, +then the obligation ceased, and almsgiving, from a command, became a +counsel.</p> + +<p>In an instance of this extreme nature it is not difficult to decide, but +the matter becomes perilously complicated when an attempt is made to +gauge the relative importance of "need" and "superfluity" in concrete +cases. How much "need" must first be endured before a man has a just +claim on another's superfluity? By what standard are "superfluities" +themselves to be judged? For it is obvious that when the need among a +whole population is general, things possessed by the richer classes, +which in normal circumstances might not have been considered luxuries, +instantly become such. However then the words are taken, however +strictly or laxly interpreted, it must always be remembered that the +terms used by the Scholastics do not really solve the problem. They +suggest standards, but do not define them, give names, but cannot tell +us their precise meaning.</p> + +<p>Should we say, then, that in this way they had failed? It is not in +place in a book of this kind to sit in judgment on the various theories +quoted, and test them to see how far they hold good, or to what extent +they should be disregarded, for it is the bare recital of mere historic +views which can be here considered. The object has<span class='pagenum'><a name="Page_89" id="Page_89">[Pg 89]</a></span> been simply to tell +what systems were thought out and held, without attempting to apprize +them or measure their value, or point out how far they are applicable to +modern times. But in this affair of almsdeeds it is perhaps well to note +that the Scholastics could make this much defence of their vagueness. In +cases of this kind, they might say, we are face to face with human +nature, not as an abstract thing, but in its concrete personal +existence. The circumstances must therefore differ in each single +instance. General laws can be laid down, but only on the distinct +understanding that they are mere principles of direction—in other +words, that they are nothing more than general laws. The Scholastics, +the mediaeval writers of every school, except a few of that Manichean +brood of sects, admitted the necessity of almsgiving. They looked on it +from a moral point of view as a high virtue, and from an economic +standpoint as a correlative to their individualistic ideas on private +property. The one without the other would be unjust. Alone, they would +be unworkable; together, mutually independent, they would make the State +a fair and perfect thing.</p> + +<p>But to fix the exact proportion between the two terms, they held to be +the duty of the individual in each case that came to his notice. To give +out of a man's superfluities to the needy was, they held, undoubtedly a +bounden duty. But they could make no attempt to apprize in definite +language what in the receiver was meant by need, and in the giver by +superfluity. They made no pretence to do this, and thereby showed their +wisdom, for obviously the thing cannot be done. Yet we must note, last +of all, that they drew up a list of principles which shall here be set +down, because they sum up in a few sentences the wit of<span class='pagenum'><a name="Page_90" id="Page_90">[Pg 90]</a></span> mediaeval +economists, their spirit of orderly arrangement, and their unanimous +opinion on man's moral obligations.</p> + +<blockquote><p>(I) A man is obliged to help another in his extreme need, even at +the risk of grave inconvenience to himself.</p> + +<p>(II) A man is obliged to help another who, though not in extreme +need, is yet in considerable distress, but not at the risk of grave +inconvenience to himself.</p> + +<p>(III) A man is not obliged to help another whose necessity is +slight, even though the risk to himself should be quite trifling.</p></blockquote> + +<p>In other words, the need of his fellow must be adjusted against the +inconvenience to himself. Where the need of the one is great, the +inconvenience to the other must at least be as great, if it is to excuse +him from the just debt of his alms. His possession of superfluities does +not compel him to part with them unless there is some real want which +they can be expected to supply. In fine, the mediaevalists would contend +that almsgiving, to be necessary, implies two conditions, both +concomitant:—</p> + +<blockquote><p>(<i>a</i>) That the giver should possess superfluities.</p> + +<p>(<i>b</i>) That the receiver should be in need.</p></blockquote> + +<p>Where both these suppositions are fulfilled, the duty of almsgiving +becomes a matter not of charity, but of justice.</p> + +<hr /> + +<p><span class='pagenum'><a name="Page_91" id="Page_91">[Pg 91]</a></span></p> +<h2><a name="BIBLIOGRAPHY" id="BIBLIOGRAPHY"></a>BIBLIOGRAPHY</h2> + +<p>Among the original works by mediaeval writers on economic subjects, +which can be found in most of the greater libraries in England, we would +place the following:</p> + +<blockquote><p><i>De Recuperatione Terre Sancte</i>, by Pierre du Bois. Edited by C. V. +Langlois in Paris. 1891.</p> + +<p><i>Commentarium in Politicos Aristotelis</i>, by Albertus Magnus. Vol. +iv. Lyons. 1651.</p> + +<p><i>Summa Theologica</i>, of St. Thomas Aquinas. This is being translated +by the English Dominicans, published by Washborne. London. 1911. +But the parts that deal with Aquinas' theories of property, &c., +have not yet been published.</p> + +<p><i>De Regimine Principio</i>, probably by Ptolomeo de Lucca. It will be +found printed among the works of St. Thomas Aquinas, who wrote the +first chapters. The portion here to be consulted is in book iv.</p> + +<p><i>Tractatus de Civili Dominio</i>, by Wycliff, published in four vols. +in London. 1885-1904.</p> + +<p><i>Unprinted Works of John Wycliff</i>, edited at Oxford in three vols. +1869-1871.</p> + +<p><i>Fasciculus Zizaniorum</i> and the <i>Chronicon Angliae</i>, both edited in +the Roll Series, help in elucidating the exact meaning of Wycliff, +and his relation to the insurgents of 1381.</p> + +<p><i>Monarchia</i>, edited by Goldast of Hanover in 1611, gives a +collection of fifteenth-century writers, including Ockham, Cesena, +Roselli, &c.</p> + +<p><i>Summa Moralis</i>, by St. Antonino of Florence, contains a great deal +of economic moralising. But the whole four volumes (Verona, 1740) +must be searched for it.</p></blockquote><p><span class='pagenum'><a name="Page_92" id="Page_92">[Pg 92]</a></span></p> + +<p>Among modern books which can be consulted with profit are:—</p> + +<blockquote><p><i>Illustrations of the Mediaeval Thought</i>, by Reginald Lane Poole. +1884. London.</p> + +<p><i>Political Theories of the Middle Ages</i>, by F. W. Maitland. 1900. +Cambridge.</p> + +<p><i>History of Mediaeval Political Thought</i>, by A. J. Carlyle. 1903. +&c. Oxford (unfinished).</p> + +<p><i>History of English Law</i>, by Pollock and Maitland. 1898. Cambridge.</p> + +<p><i>Introduction to English Economic History</i>, by W. J. Ashley. 1892. +London.</p> + +<p><i>Economie Politique au Moyen Age</i>, by V. Brandts. 1895. Louvain.</p> + +<p><i>La Propriété après St. Thomas</i>, by Mgr. Deploige, Revue +Neo-Scholastique. 1895, 1896. Louvain.</p> + +<p><i>History of Socialism</i>, by Thomas Kirkup. 1909. London.</p> + +<p><i>Great Revolt of 1381</i>, by C. W. C. Oman. 1906. Oxford.</p> + +<p><i>Lollardy and the Reformation</i>, by Gairdner. 1908-1911 (three +vols.) London.</p> + +<p><i>England in the Age of Wycliff</i>, by G. M. Trevelyan. 1909. London.</p> + +<p><i>Leaders of the People</i>, by J. Clayton. 1910. London. A sympathetic +account of Ball, Cade, &c.</p> + +<p><i>Social Organisation</i>, by G. Unwin. 1906. Oxford.</p> + +<p><i>Outlines of Economic History of England</i>, by H. O. Meredith. 1908. +London.</p> + +<p><i>Mutual Aid in a Mediaeval City</i>, by Prince Kropotkin (Nineteenth +Century Review. Vol. xxxvi. p. 198).</p></blockquote> + +<hr /> + +<p><span class='pagenum'><a name="Page_93" id="Page_93">[Pg 93]</a></span></p> +<h2><a name="INDEX" id="INDEX"></a>INDEX</h2> + +<div class='index'> +<ul> + <li> + <ul> + <li>Albertus Magnus, + <ul> + <li><a href="#Page_51">51</a>,</li> + <li><a href="#Page_86">86</a>,</li> + <li><a href="#Page_87">87</a></li> + </ul> + </li> + </ul> + <ul> + <li>Albigensians, + <ul> + <li><a href="#Page_29">29</a></li> + </ul> + </li> + </ul> + <ul> + <li>Almsgiving, + <ul> + <li><a href="#Page_80">80</a></li> + </ul> + </li> + </ul> + <ul> + <li>Ambrose, St., + <ul> + <li><a href="#Page_10">10</a>,</li> + <li><a href="#Page_87">87</a></li> + </ul> + </li> + </ul> + <ul> + <li>Antonino, St., + <ul> + <li><a href="#Page_50">50</a>,</li> + <li><a href="#Page_52">52</a>,</li> + <li><a href="#Page_71">71</a>,</li> + <li><a href="#Page_80">80</a></li> + </ul> + </li> + </ul> + <ul> + <li>Aquinas, St. Thomas, + <ul> + <li><a href="#Page_30">30</a>,</li> + <li><a href="#Page_42">42</a>,</li> + <li><a href="#Page_51">51</a>,</li> + <li><a href="#Page_60">60</a>,</li> + <li><a href="#Page_79">79</a>,</li> + <li><a href="#Page_80">80</a>,</li> + <li><a href="#Page_83">83</a></li> + </ul> + </li> + </ul> + <ul> + <li>Aristotle + <ul> + <li><a href="#Page_35">35</a>,</li> + <li><a href="#Page_42">42</a>,</li> + <li><a href="#Page_51">51</a>,</li> + <li><a href="#Page_64">64</a>,</li> + <li><a href="#Page_82">82</a></li> + </ul> + </li> + </ul> + <ul> + <li>Augustine, St., + <ul> + <li><a href="#Page_10">10</a>,</li> + <li><a href="#Page_86">86</a></li> + </ul> + </li> + </ul> + <ul> + <li>Authority, + <ul> + <li><a href="#Page_8">8</a>,</li> + <li><a href="#Page_10">10</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Ball, John, + <ul> + <li><a href="#Page_32">32</a>,</li> + <li><a href="#Page_38">38</a></li> + </ul> + </li> + </ul> + <ul> + <li>Bavaria, Louis of, + <ul> + <li><a href="#Page_32">32</a>,</li> + <li><a href="#Page_63">63</a></li> + </ul> + </li> + </ul> + <ul> + <li>Beghards, + <ul> + <li><a href="#Page_32">32</a></li> + </ul> + </li> + </ul> + <ul> + <li>Beguins, + <ul> + <li><a href="#Page_32">32</a></li> + </ul> + </li> + </ul> + <ul> + <li>Benedict, St., + <ul> + <li><a href="#Page_13">13</a></li> + </ul> + </li> + </ul> + <ul> + <li>Black Death, + <ul> + <li><a href="#Page_22">22</a></li> + </ul> + </li> + </ul> + <ul> + <li>Bois, Pierre du, + <ul> + <li><a href="#Page_62">62</a>,</li> + <li><a href="#Page_69">69</a></li> + </ul> + </li> + </ul> + <ul> + <li>Bonaventure, St., + <ul> + <li><a href="#Page_87">87</a></li> + </ul> + </li> + </ul> + <ul> + <li>Bourbon, Etienne de, + <ul> + <li><a href="#Page_29">29</a></li> + </ul> + </li> + </ul> + <ul> + <li>Bracton, + <ul> + <li><a href="#Page_59">59</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Cabochiens, + <ul> + <li><a href="#Page_71">71</a></li> + </ul> + </li> + </ul> + <ul> + <li>Cesena, Michael de, + <ul> + <li><a href="#Page_32">32</a></li> + </ul> + </li> + </ul> + <ul> + <li>Ciompi, + <ul> + <li><a href="#Page_25">25</a>,</li> + <li><a href="#Page_71">71</a></li> + </ul> + </li> + </ul> + <ul> + <li>Communism, + <ul> + <li><a href="#Page_29">29</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Destitution, + <ul> + <li><a href="#Page_71">71</a></li> + </ul> + </li> + </ul> + <ul> + <li>Dominicans, + <ul> + <li><a href="#Page_30">30</a>,</li> + <li><a href="#Page_39">39</a>,</li> + <li><a href="#Page_47">47</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Education, + <ul> + <li><a href="#Page_76">76</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Fall, + <ul> + <li><a href="#Page_9">9</a></li> + </ul> + </li> + </ul> + <ul> + <li>Fathers of Church, + <ul> + <li><a href="#Page_8">8</a></li> + </ul> + </li> + </ul> + <ul> + <li>Feudalism, + <ul> + <li><a href="#Page_15">15</a>,</li> + <li><a href="#Page_56">56</a></li> + </ul> + </li> + </ul> + <ul> + <li>Francis, St., + <ul> + <li><a href="#Page_31">31</a></li> + </ul> + </li> + </ul> + <ul> + <li>Franciscans, + <ul> + <li><a href="#Page_30">30</a>,</li> + <li><a href="#Page_31">31</a>,</li> + <li><a href="#Page_39">39</a></li> + </ul> + </li> + </ul> + <ul> + <li>Friars, + <ul> + <li><a href="#Page_39">39</a></li> + </ul> + </li> + </ul> + <ul> + <li>Froissart, + <ul> + <li><a href="#Page_33">33</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Ghent, Henry of, + <ul> + <li><a href="#Page_87">87</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Harrington, + <ul> + <li><a href="#Page_79">79</a></li> + </ul> + </li> + </ul> + <ul> + <li>Hildebrand, + <ul> + <li><a href="#Page_10">10</a></li> + </ul> + </li> + </ul> + <ul> + <li>Hospitals, + <ul> + <li><a href="#Page_75">75</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Innocent IV, + <ul> + <li><a href="#Page_64">64</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Jacquerie, + <ul> + <li><a href="#Page_25">25</a>,</li> + <li><a href="#Page_71">71</a></li> + </ul> + </li> + </ul> + <ul> + <li>Jerome, St., + <ul> + <li><a href="#Page_86">86</a></li> + </ul> + </li> + </ul> + <ul> + <li>John XXII, + <ul> + <li><a href="#Page_32">32</a>,</li> + <li><a href="#Page_63">63</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>King, + <ul> + <li><a href="#Page_15">15</a>,</li> + <li><a href="#Page_56">56</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Labourers, landless, + <ul> + <li><a href="#Page_19">19</a>,</li> + <li><a href="#Page_27">27</a></li> + </ul> + </li> + </ul> + <ul> + <li>Langenstein, Henry of, + <ul> + <li><a href="#Page_81">81</a></li> + </ul> + </li> + </ul> + <ul> + <li>Langland, + <ul> + <li><a href="#Page_27">27</a>,</li> + <li><a href="#Page_39">39</a></li> + </ul> + </li> + </ul> + <ul> + <li>Law of Nations, + <ul> + <li><a href="#Page_11">11</a></li> + </ul> + </li> + </ul> + <ul> + <li>Law of Nature, + <ul> + <li><a href="#Page_11">11</a></li> + </ul> + </li> + </ul> + <ul> + <li>Lawyers, + <ul> + <li><a href="#Page_55">55</a></li> + </ul> + </li> + </ul> + <ul> + <li>Legalists, + <ul> + <li><a href="#Page_11">11</a></li> + </ul> + </li> + </ul> + <ul> + <li>Lucca, Ptolomeo de, + <ul> + <li><a href="#Page_51">51</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Maillotins, + <ul> + <li><a href="#Page_71">71</a></li> + </ul> + </li> + </ul> + <ul> + <li>Manicheans, + <ul> + <li><a href="#Page_29">29</a></li> + </ul> + </li> + </ul> + <ul> + <li>Manor, + <ul> + <li><a href="#Page_71">71</a></li> + </ul> + </li> + </ul> + <ul> + <li>Marcel, Etienne, + <ul> + <li><a href="#Page_71">71</a></li> + </ul> + </li> + </ul> + <ul> + <li>Meziers, Philip de, + <ul> + <li><a href="#Page_64">64</a></li> + </ul> + </li> + </ul> + <ul> + <li>Milton, + <ul> + <li><a href="#Page_79">79</a></li> + </ul> + </li> + </ul> + <ul> + <li>Moerbeke, + <ul> + <li><a href="#Page_42">42</a></li> + </ul> + </li> + </ul> + <ul> + <li>Monasticism, + <ul> + <li><a href="#Page_13">13</a></li> + </ul> + </li> + </ul> + <ul> + <li>More, Sir Thomas, + <ul> + <li><a href="#Page_79">79</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Necessities, + <ul> + <li><a href="#Page_83">83</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Ockham, + <ul> + <li><a href="#Page_32">32</a>,</li> + <li><a href="#Page_49">49</a>,</li> + <li><a href="#Page_63">63</a></li> + </ul> + </li> + </ul> + <ul> + <li>Oresme, Nichole, + <ul> + <li><a href="#Page_64">64</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Parliament, + <ul> + <li><a href="#Page_43">43</a></li> + </ul> + </li> + </ul> + <ul> + <li>Peasant Revolt, + <ul> + <li><a href="#Page_25">25</a>,</li> + <li><a href="#Page_32">32</a>,</li> + <li><a href="#Page_71">71</a></li> + </ul> + </li> + </ul> + <ul> + <li>Plato, + <ul> + <li><a href="#Page_35">35</a>,</li> + <li><a href="#Page_52">52</a>,</li> + <li><a href="#Page_82">82</a></li> + </ul> + </li> + </ul> + <ul> + <li><i>Praetor Peregrinus</i>, + <ul> + <li><a href="#Page_11">11</a></li> + </ul> + </li> + </ul> + <ul> + <li><i>Praetor Urbanus</i>, + <ul> + <li><a href="#Page_11">11</a></li> + </ul> + </li> + </ul> + <ul> + <li>Property, + <ul> + <li><a href="#Page_10">10</a>,</li> + <li><a href="#Page_12">12</a>,</li> + <li><a href="#Page_29">29</a>,</li> + <li><a href="#Page_41">41</a>,</li> + <li><a href="#Page_80">80</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Rienzi, + <ul> + <li><a href="#Page_71">71</a></li> + </ul> + </li> + </ul> + <ul> + <li>Ripa, John de, + <ul> + <li><a href="#Page_50">50</a></li> + </ul> + </li> + </ul> + <ul> + <li>Roselli, Antonio, + <ul> + <li><a href="#Page_65">65</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Schoolmen, + <ul> + <li><a href="#Page_41">41</a>,</li> + <li><a href="#Page_88">88</a></li> + </ul> + </li> + </ul> + <ul> + <li>Scotus, Duns, + <ul> + <li><a href="#Page_49">49</a>,</li> + <li><a href="#Page_80">80</a>,</li> + <li><a href="#Page_87">87</a></li> + </ul> + </li> + </ul> + <ul> + <li>Slavery, + <ul> + <li><a href="#Page_10">10</a></li> + </ul> + </li> + </ul> + <ul> + <li>Socialism, + <ul> + <li><a href="#Page_6">6</a>,</li> + <li><a href="#Page_16">16</a>,</li> + <li><a href="#Page_60">60</a></li> + </ul> + </li> + </ul> + <ul> + <li>Straw, Jack, + <ul> + <li><a href="#Page_34">34</a>,</li> + <li><a href="#Page_39">39</a></li> + </ul> + </li> + </ul> + <ul> + <li>Superfluities, + <ul> + <li><a href="#Page_83">83</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Taborites, + <ul> + <li><a href="#Page_71">71</a></li> + </ul> + </li> + </ul> + <ul> + <li>Taxation, + <ul> + <li><a href="#Page_76">76</a></li> + </ul> + </li> + </ul> + <ul> + <li>Tyler, Wat, + <ul> + <li><a href="#Page_34">34</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Vaudois, + <ul> + <li><a href="#Page_29">29</a></li> + </ul> + </li> + </ul> + </li> + <li> + <ul> + <li>Wages, + <ul> + <li><a href="#Page_23">23</a>,</li> + <li><a href="#Page_25">25</a>,</li> + <li><a href="#Page_74">74</a></li> + </ul> + </li> + </ul> + <ul> + <li>Women, + <ul> + <li><a href="#Page_70">70</a>,</li> + <li><a href="#Page_73">73</a></li> + </ul> + </li> + </ul> + <ul> + <li>Wycliff, + <ul> + <li><a href="#Page_35">35</a>,</li> + <li><a href="#Page_49">49</a>,</li> + <li><a href="#Page_60">60</a>,</li> + <li><a href="#Page_62">62</a>,</li> + <li><a href="#Page_80">80</a>,</li> + <li><a href="#Page_87">87</a></li> + </ul> + </li> + </ul> + </li> +</ul> +</div> + +<p class='tbrk'> </p> + +<p class='center'>Printed by <span class="smcap">Ballantyne, Hanson & Co.</span><br />Edinburgh & London</p> + +<hr /> +<h2><a name="ADVERTISEMENTS" id="ADVERTISEMENTS"></a>ADVERTISEMENTS</h2> + +<hr class='smler' /> +<h2>THE PEOPLE'S BOOKS</h2> + +<h3>THE FIRST HUNDRED VOLUMES</h3> + +<p class='center'>The volumes issued (Spring 1913) are marked with an asterisk</p> + +<h4>SCIENCE</h4> + +<table border='0' cellspacing='0' cellpadding='5' summary='science books'> + <tr> + <td> *1. The Foundations of Science</td> + <td>By W. C. D. Whetham, F.R.S.</td> + </tr> + <tr> + <td> *2. Embryology—The Beginnings of Life</td> + <td>By Prof. Gerald Leighton, M.D.</td> + </tr> + <tr> + <td> 3. Biology—The Science of Life</td> + <td>By Prof. W. D. Henderson, M.A.</td> + </tr> + <tr> + <td> *4. Zoology: The Study of Animal Life</td> + <td>By Prof. E. W. MacBride, F.R.S.</td> + </tr> + <tr> + <td> *5. Botany; The Modern Study of Plants</td> + <td>By M. C. Stopes, D.Sc., Ph.D.</td> + </tr> + <tr> + <td> 6. Bacteriology</td> + <td>By W. E. Carnegie Dickson, M.D.</td> + </tr> + <tr> + <td> *7. The Structure of the Earth</td> + <td>By the Rev. T. G. Bonney, F.R.S.</td> + </tr> + <tr> + <td> *8. Evolution</td> + <td>By E. S. Goodrich, M.A., F.R.S.</td> + </tr> + <tr> + <td> 9. Darwin</td> + <td>By Prof. W. Garstang, M.A., D.Sc.</td> + </tr> + <tr> + <td> *10. Heredity</td> + <td>By J. A. S. Watson, B.Sc.</td> + </tr> + <tr> + <td> *11. Inorganic Chemistry</td> + <td>By Prof. E. C. C. Baly, F.R.S.</td> + </tr> + <tr> + <td> *12. Organic Chemistry</td> + <td>By Prof. J. B. Cohen, B.Sc., F.R.S.</td> + </tr> + <tr> + <td> *13. The Principles of Electricity</td> + <td>By Norman R. Campbell, M.A.</td> + </tr> + <tr> + <td> *14. Radiation</td> + <td>By P. Phillips, D.Sc.</td> + </tr> + <tr> + <td> *15. The Science of the Stars</td> + <td>By E. W. Maunder, F.R.A.S.</td> + </tr> + <tr> + <td> *16. The Science of Light</td> + <td>By P. Phillips, D.Sc.</td> + </tr> + <tr> + <td> *17. Weather-Science</td> + <td>By R. G. K. Lempfert, M.A.</td> + </tr> + <tr> + <td> *18. Hypnotism</td> + <td>By Alice Hutchison, M.D.</td> + </tr> + <tr> + <td> *19. The Baby: A Mother's Book</td> + <td>By a University Woman.</td> + </tr> + <tr> + <td> *20. Youth and Sex—Dangers and Safeguards for Boys and Girls</td> + <td>By Mary Scharlieb, M.D., M. S., and G. E. C. Pritchard, M.A., M.D.</td> + </tr> + <tr> + <td> *21. Motherhood—A Wife's Handbook</td> + <td>By H. S. Davidson, F.R.C.S.E.</td> + </tr> + <tr> + <td> *22. Lord Kelvin</td> + <td>By A. Russell, M.A., D.Sc.</td> + </tr> + <tr> + <td> *23. Huxley</td> + <td>By Professor G. Leighton, M.D.</td> + </tr> + <tr> + <td> 24. Sir W. Huggins and Spectroscopic Astronomy</td> + <td>By E. W. Maunder, F.R.A.S., of the Royal Observatory, Greenwich.</td> + </tr> + <tr> + <td> *62. Practical Astronomy</td> + <td>By H. Macpherson, Jr., F.R.A.S.</td> + </tr> + <tr> + <td> *63. Aviation</td> + <td>By Sydney F. Walker, R.N., M.I.E.E.</td> + </tr> + <tr> + <td> *64. Navigation</td> + <td>By W. Hall, R.N., B.A.</td> + </tr> + <tr> + <td> *65. Pond Life</td> + <td>By E. C. Ash, M.R.A.C.</td> + </tr> + <tr> + <td> *66. Dietetics</td> + <td>By Alex. Bryce, M.D., D.P.H.</td> + </tr> + <tr> + <td> *94. The Nature of Mathematics</td> + <td>By P. G. B. Jourdain, M.A.</td> + </tr> + <tr> + <td> 95. Applications of Electricity</td> + <td>By Alex. Ogilvie, B.Sc.</td> + </tr> + <tr> + <td> *96. Gardening</td> + <td>By A. Cecil Bartlett.</td> + </tr> + <tr> + <td> 97. The Care of the Teeth</td> + <td>By J. A. Young, L.D.S.</td> + </tr> + <tr> + <td> *98. Atlas of the World</td> + <td>By J. Bartholomew, F.R.G.S.</td> + </tr> + <tr> + <td>*110. British Birds</td> + <td>By F. B. Kirkman, B.A.</td> + </tr> +</table> + +<h4>PHILOSOPHY AND RELIGION</h4> + +<table border='0' cellspacing='0' cellpadding='5' summary='philosophy and religion books'> + <tr> + <td> 25. The Meaning of Philosophy</td> + <td>By T. Loveday, M.A.</td> + </tr> + <tr> + <td> *26. Henri Bergson</td> + <td>By H. Wildon Carr.</td> + </tr> + <tr> + <td> *27. Psychology</td> + <td>By H. J. Watt, M.A., Ph.D.</td> + </tr> + <tr> + <td> *28. Ethics</td> + <td>By Canon Rashdall, D. Litt., F.B.A.</td> + </tr> + <tr> + <td> 29. Kant's Philosophy</td> + <td>By A. D. Lindsay, M.A.</td> + </tr> + <tr> + <td> 30. The Teaching of Plato</td> + <td>By A. D. Lindsay, M.A.</td> + </tr> + <tr> + <td> *67. Aristotle</td> + <td>By Prof. A. E. Taylor, M.A., F.B.A.</td> + </tr> + <tr> + <td> *68. Nietzsche</td> + <td>By M. A. Mügge, Ph.D.</td> + </tr> + <tr> + <td> *69. Eucken</td> + <td>By A. J. Jones, M.A., B.Sc., Ph.D.</td> + </tr> + <tr> + <td> 70. The Experimental Psychology of Beauty</td> + <td>By C. W. Valentine, B.A.</td> + </tr> + <tr> + <td> *71. The Problem of Truth</td> + <td>By H. Wildon Carr.</td> + </tr> + <tr> + <td> 99. George Berkeley: the Philosophy of Idealism </td> + <td>By G. Dawes Hicks, Litt.D.</td> + </tr> + <tr> + <td> 31. Buddhism</td> + <td>By Prof. T. W. Rhys Davids, F.B.A.</td> + </tr> + <tr> + <td> *32. Roman Catholicism</td> + <td>By H. B. Coxon.</td> + </tr> + <tr> + <td> *33. The Oxford Movement</td> + <td>By Wilfrid P. Ward.</td> + </tr> + <tr> + <td> *34. The Bible in the Light of the Higher Criticism</td> + <td>By Rev. W. F. Adeney, M.A., and Rev. Prof. W. H. Bennett, Litt.D.</td> + </tr> + <tr> + <td> 35. Cardinal Newman</td> + <td>By Wilfrid Meynell.</td> + </tr> + <tr> + <td> *72. The Church of England</td> + <td>By Rev. Canon Masterman.</td> + </tr> + <tr> + <td> 73. Anglo-Catholicism</td> + <td>By A. E. Manning Foster.</td> + </tr> + <tr> + <td> *74. The Free Churches</td> + <td>By Rev. Edward Shillito, M.A.</td> + </tr> + <tr> + <td> *75. Judaism</td> + <td>By Ephraim Levine, B.A.</td> + </tr> + <tr> + <td> *76. Theosophy</td> + <td>By Annie Besant.</td> + </tr> +</table> + +<h4>HISTORY</h4> + +<table border='0' cellspacing='0' cellpadding='5' summary='history books'> + <tr> + <td> *36. The Growth of Freedom</td> + <td>By H. W. Nevinson.</td> + </tr> + <tr> + <td> 37. Bismarck</td> + <td>By Prof. F. M. Powicke, M.A.</td> + </tr> + <tr> + <td> *38. Oliver Cromwell</td> + <td>By Hilda Johnstone, M.A.</td> + </tr> + <tr> + <td> *39. Mary Queen of Scots</td> + <td>By E. O'Neill, M.A.</td> + </tr> + <tr> + <td> *40. Cecil Rhodes</td> + <td>By Ian Colvin.</td> + </tr> + <tr> + <td> *41. Julius Cæsar</td> + <td>By Hilary Hardinge.</td> + </tr> + <tr> + <td> History of England—</td> + <td> </td> + </tr> + <tr> + <td> 42. England in the Making</td> + <td>By Prof. F. J. C. Hearnshaw, LL.D. </td> + </tr> + <tr> + <td> *43. England in the Middle Ages</td> + <td>By E. O'Neill, M.A.</td> + </tr> + <tr> + <td> 44. The Monarchy and the People</td> + <td>By W. T. Waugh, M.A.</td> + </tr> + <tr> + <td> 45. The Industrial Revolution</td> + <td>By A. Jones, M.A.</td> + </tr> + <tr> + <td> 46. Empire and Democracy</td> + <td>By G. S. Veitch, M.A.</td> + </tr> + <tr> + <td> *61. Home Rule</td> + <td>By L. G. Redmond Howard.</td> + </tr> + <tr> + <td> 77. Nelson</td> + <td>By H. W. Wilson.</td> + </tr> + <tr> + <td> *78. Wellington and Waterloo</td> + <td>By Major G. W. Redway.</td> + </tr> + <tr> + <td> 100. A History of Greece</td> + <td>By E. Fearenside, B.A.</td> + </tr> + <tr> + <td> 101. Luther and the Reformation</td> + <td>By L. D. Agate, M.A.</td> + </tr> + <tr> + <td> 102. The Discovery of the New World</td> + <td>By F. B. Kirkman, B.A.</td> + </tr> + <tr> + <td>*103. Turkey and the Eastern Question </td> + <td>By John Macdonald.</td> + </tr> + <tr> + <td> 104. A History of Architecture</td> + <td>By Mrs. Arthur Bell.</td> + </tr> +</table> + +<h4>SOCIAL AND ECONOMIC</h4> + +<table border='0' cellspacing='0' cellpadding='5' summary='social and economic books'> + <tr> + <td> *47. Women's Suffrage</td> + <td>By M. G. Fawcett, LL.D.</td> + </tr> + <tr> + <td> 48. The Working of the British System of Government to-day</td> + <td>By Prof. Ramsay Muir, M.A.</td> + </tr> + <tr> + <td> 49. An Introduction to Economic Science</td> + <td>By Prof. H. O. Meredith, M.A.</td> + </tr> + <tr> + <td> 50. Socialism</td> + <td>By F. B. Kirkman, B.A.</td> + </tr> + <tr> + <td> *79. Mediaeval Socialism</td> + <td>By Rev. B. Jarrett, O.P., M.A.</td> + </tr> + <tr> + <td> *80. Syndicalism</td> + <td>By J. H. Harley, M.A.</td> + </tr> + <tr> + <td> 81. Labour and Wages</td> + <td> By H. M. Hallsworth, M.A., B.Sc. </td> + </tr> + <tr> + <td> *82. Co-operation</td> + <td>By Joseph Clayton.</td> + </tr> + <tr> + <td> *83. Insurance as Investment</td> + <td>By W. A. Robertson, F.F.A.</td> + </tr> + <tr> + <td> *92. The Training of the Child</td> + <td>By G. Spiller.</td> + </tr> + <tr> + <td>*105. Trade Unions</td> + <td>By Joseph Clayton.</td> + </tr> + <tr> + <td>*106. Everyday Law</td> + <td>By J. J. Adams.</td> + </tr> +</table> + +<h4>LETTERS</h4> + +<table border='0' cellspacing='0' cellpadding='5' summary='letters books'> + <tr> + <td> *51. Shakespeare</td> + <td>By Prof. C. H. Herford, Litt.D.</td> + </tr> + <tr> + <td> *52. Wordsworth</td> + <td>By Rosaline Masson.</td> + </tr> + <tr> + <td> *53. Pure Gold—A Choice of Lyrics and Sonnets </td> + <td>By H. C. O'Neill.</td> + </tr> + <tr> + <td> *54. Francis Bacon</td> + <td>By Prof. A. R. Skemp, M.A.</td> + </tr> + <tr> + <td> *55. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + + + + +Title: Mediaeval Socialism + + +Author: Bede Jarrett + + + +Release Date: October 4, 2006 [eBook #19468] + +Language: English + +Character set encoding: ISO-646-US (US-ASCII) + + +***START OF THE PROJECT GUTENBERG EBOOK MEDIAEVAL SOCIALISM*** + + +E-text prepared by David Clarke, Martin Pettit, and the Project Gutenberg +Online Distributed Proofreading Team (http://www.pgdp.net/) from page +images generously made available by Internet Archive/Canadian Libraries +(http://www.archive.org/details/toronto) + + + +Note: Images of the original pages are available through + Internet Archive/Canadian Libraries. See + http://www.archive.org/details/mediaevalsocial00jarruoft + + + + + +MEDIAEVAL SOCIALISM + +by + +BEDE JARRETT, O.P., M.A. + + + + + + + +[Illustration: Logo] + + + +London: T. C. & E. C. Jack +67 Long Acre, W.C., and Edinburgh +New York: Dodge Publishing Co. + + + + + +CONTENTS + + +CHAP. PAGE + + I. INTRODUCTION 5 + + II. SOCIAL CONDITIONS 17 + +III. THE COMMUNISTS 29 + + IV. THE SCHOOLMEN 41 + + V. THE LAWYERS 55 + + VI. THE SOCIAL REFORMERS 68 + +VII. THE THEORY OF ALMS-GIVING 80 + + BIBLIOGRAPHY 91 + + INDEX 93 + + +MEDIAEVAL SOCIALISM + + + + +CHAPTER I + +INTRODUCTION + + +The title of this book may not unnaturally provoke suspicion. After all, +howsoever we define it, socialism is a modern thing, and dependent +almost wholly on modern conditions. It is an economic theory which has +been evolved under pressure of circumstances which are admittedly of no +very long standing. How then, it may be asked, is it possible to find +any real correspondence between theories of old time and those which +have grown out of present-day conditions of life? Surely whatever +analogy may be drawn between them must be based on likenesses which +cannot be more than superficial. + +The point of view implied in this question is being increasingly adopted +by all scientific students of social and political opinions, and is most +certainly correct. Speculation that is purely philosophic may indeed +turn round upon itself. The views of Grecian metaphysicians may continue +for ever to find enthusiastic adherents; though even here, in the realm +of purely abstract reasoning, the progressive development of science, of +psychology, and kindred branches of knowledge cannot fail by its +influence to modify the form and arrangement of thought. But in those +purely positive sciences (if indeed sciences they can properly be +called) which deal with the life of man and its organisation, the very +principles and postulates will be found to need continual readjustment. +For with man's life, social, political, economic, we are in contact with +forces which are of necessity always in a state of flux. For example, +the predominance of agriculture, or of manufacture, or of commerce in +the life of the social group must materially alter the attitude of the +statesman who is responsible for its fortunes; and the progress of the +nation from one to another stage of her development often entails (by +altering from one class to another the dominant position of power) the +complete reversal of her traditional maxims of government. Human life is +not static, but dynamic. Hence the theories weaved round it must +themselves be subject to the law of continuous development. + +It is obvious that this argument cannot be gainsaid; and yet at the same +time we may not be in any way illogical in venturing on an inquiry as to +whether, in centuries not wholly dissimilar from our own, the mind of +man worked itself out along lines parallel in some degree to +contemporary systems of thought. Man's life differs, yet are the +categories which mould his ideas eternally the same. + +But before we go on to consider some early aspects of socialism, we must +first ascertain what socialism itself essentially implies. Already +within the lifetime of the present generation the word has greatly +enlarged the scope of its significance. Many who ten years ago would +have objected to it as a name of ill-omen see in it now nothing which +may not be harmonised with the most ordinary of political and social +doctrines. It is hardly any longer the badge of a school. Yet it does +retain at any rate the bias of a tendency. It suggests chiefly the +transference of ownership in land and capital from private hands into +their possession in some form or other by the society. The means of this +transference, and the manner in which this social possession is to be +maintained, are very widely debated, and need not here be determined; it +is sufficient for the matter of this book to have it granted that in +this lies the germ of the socialistic theory of the State. + +Once more it must be admitted that the meaning of "private ownership" +and "social possession" will vary exceedingly in each age. When private +dominion has become exceedingly individual and practically absolute, the +opposition between the two terms will necessarily be very sharp. But in +those earlier stages of national and social evolution, when the +community was still regarded as composed, not of persons, but of groups, +the antagonism might be, in point of theory, extremely limited; and in +concrete cases it might possibly be difficult to determine where one +ended and the other began. Yet it is undeniable that socialism in itself +need mean no more than the central principle of State-ownership of +capital and land. Such a conception is consistent with much private +property in other forms than land and capital, and will be worked out in +detail differently by different minds. But it is the principle, the +essence of it, which justifies any claims made to the use of the name. +We may therefore fairly call those theories socialistic which are +covered by this central doctrine, and disregard, as irrelevant to the +nature of the term, all added peculiarities contributed by individuals +who have joined their forces to the movement. + +By socialistic theories of the Middle Ages, therefore, we mean no more +than those theories which from time to time came to the surface of +political and social speculation in the form of communism, or of some +other way of bringing about the transference which we have just +indicated. But before plunging into the tanglement of these rather +complicated problems, it will make for clearness if we consider quite +briefly the philosophic heritage of social teaching to which the Middle +Ages succeeded. + +The Fathers of the Church had found themselves confronted with +difficulties of no mean subtlety. On the one hand, the teaching of the +Scriptures forced upon them the religious truth of the essential +equality of all human nature. Christianity was a standing protest +against the exclusiveness of the Jewish faith, and demanded through the +attendance at one altar the recognition of an absolute oneness of all +its members. The Epistles of St. Paul, which were the most scientific +defence of Christian doctrine, were continually insisting on the fact +that for the new faith there was no real division between Greek or +barbarian, bond or free. Yet, on the other hand, there were equally +unequivocal expressions concerning the reverence and respect due to +authority and governance. St. Peter had taught that honour should be +paid to Caesar, when Caesar was no other than Nero. St. Paul had as +clearly preached subjection to the higher powers. Yet at the same time +we know that the Christian truth of the essential equality of the whole +human race was by some so construed as to be incompatible with the +notion of civil authority. How, then, was this paradox to be explained? +If all were equal, what justification would there be for civil +authority? If civil authority was to be upheld, wherein lay the meaning +of St. Paul's many boasts of the new levelling spirit of the Christian +religion? The paradox was further complicated by two other problems. The +question of the authority of the Imperial Government was found to be +cognate with the questions of the institution of slavery and of private +property. Here were three concrete facts on which the Empire seemed to +be based. What was to be the Christian attitude towards them? + +After many attempted explanations, which were largely personal, and, +therefore, may be neglected here, a general agreement was come to by the +leading Christian teachers of East and West. This was based on a +theological distinction between human nature as it existed on its first +creation, and then as it became in the state to which it was reduced +after the fall of Adam. Created in original justice, as the phrase ran, +the powers of man's soul were in perfect harmony. His sensitive nature, +_i.e._ his passions, were in subjection to his will, his will to his +reason, his reason to God. Had man continued in this state of innocence, +government, slavery, and private property would never have been +required. But Adam fell, and in his fall, said these Christian doctors, +the whole conditions of his being were disturbed. The passions broke +loose, and by their violence not unfrequently subjected the will to +their dictatorship; together with the will they obscured and prejudiced +the reason, which under their compulsion was no longer content to follow +the Divine Reason or the Eternal Law of God. In a word, where order had +previously reigned, a state of lawlessness now set in. Greed, lust for +power, the spirit of insubordination, weakness of will, feebleness of +mind, ignorance, all swarmed into the soul of man, and disturbed not +merely the internal economy of his being, but his relations also to his +fellows. The sin of Cain is the social result of this personal upheaval. + +Society then felt the evils which attended this new condition of things, +and it was driven, according to this patristic idea, to search about for +remedies in order to restrain the anarchy which threatened to overwhelm +the very existence of the race. Hence was introduced first of all the +notion of a civil authority. It was found that without it, to use a +phrase which Hobbes indeed has immortalised, but which can be easily +paralleled from the writings of St. Ambrose or St. Augustine, "life was +nasty, brutish, and short." To this idea of authority, there was quickly +added the kindred ideas of private property and slavery. These two were +found equally necessary for the well-being of human society. For the +family became a determined group in which the patriarch wielded absolute +power; his authority could be effective only when it could be employed +not only over his own household, but also against other households, and +thus in defence of his own. Hence the family must have the exclusive +right to certain things. If others objected, the sole arbitrament was an +appeal to force, and then the vanquished not only relinquished their +claims to the objects in dispute, but became the slaves of those to whom +they had previously stood in the position of equality and rivalry. + +Thus do the Fathers of the Church justify these three institutions. They +are all the result of the Fall, and result from sin. Incidentally it may +be added that much of the language in which Hildebrand and others spoke +of the civil power as "from the devil" is traceable to this theological +concept of the history of its origin, and much of their hard language +means no more than this. Private property, therefore, is due to the +Fall, and becomes a necessity because of the presence of sin in the +world. + +But it is not only from the Fathers of the Church that the mediaeval +tradition drew its force. For parallel with this patristic explanation +came another, which was inherited from the imperial legalists. It was +based upon a curious fact in the evolution of Roman law, which must now +be shortly described. + +For the administration of justice in Rome two officials were chosen, who +between them disposed of all the cases in dispute. One, the _Praetor +Urbanus_, concerned himself in all litigation between Roman citizens; +the other, the _Praetor Peregrinus_, had his power limited to those +matters only in which foreigners were involved; for the growth of the +Roman _Imperium_ had meant the inclusion of many under its suzerainty +who could not boast technical citizenship. The _Praetor Urbanus_ was +guided in his decisions by the codified law of Rome; but the _Praetor +Peregrinus_ was in a very different position. He was left almost +entirely to his own resources. Hence it was customary for him, on his +assumption of office, to publish a list of the principles by which he +intended to settle all the disputes between foreigners that were brought +to his court. But on what foundation could his declaratory act be based? +He was supposed to have previously consulted the particular laws of as +many foreign nations as was possible, and to have selected from among +them those which were found to be held in common by a number of tribes. +The fact of this consensus to certain laws on the part of different +races was supposed to imply that these were fragments of some larger +whole, which came eventually to be called indifferently the Law of +Nature, or the Law of Nations. For at almost the very date when this +Law of Nations was beginning thus to be built up, the Greek notion of +one supreme law, which governed the whole race and dated from the lost +Golden Age, came to the knowledge of the lawyers of Rome. They proceeded +to identify the two really different concepts, and evolved for +themselves the final notion of a fundamental rule, essential to all +moral action. In time, therefore, this supposed Natural Law, from its +venerable antiquity and universal acceptance, acquired an added sanction +and actually began to be held in greater respect than even the declared +law of Rome. The very name of Nature seemed to bring with it greater +dignity. But at the same time it was carefully explained that this _Lex +Naturae_ was not absolutely inviolable, for its more accurate +description was _Lex_ or _Jus Gentium_. That is to say, it was not to be +considered as a primitive law which lay embedded like first principles +in human nature; but that it was what the nations had derived from +primitive principles, not by any force of logic, but by the simple +evolution of life. The human race had found by experience that the +observance of the natural law entailed as a direct consequence the +establishment of certain institutions. The authority, therefore, which +these could boast was due to nothing more than the simple struggle for +existence. Among these institutions were those same three (civil +authority, slavery, private property), which the Fathers had come to +justify by so different a method of argument. Thus, by the late Roman +lawyers private property was upheld on the grounds that it had been +found necessary by the human race in its advance along the road of life. +To our modern ways of thinking it seems as though they had almost +stumbled upon the theory of evolution, the gradual unfolding of social +and moral perfection due to the constant pressure of circumstances, and +the ultimate survival of what was most fit to survive. It was almost by +a principle of natural selection that mankind was supposed to have +determined the necessity of civil authority, slavery, private property, +and the rest. The pragmatic test of life had been applied and had proved +their need. + +A third powerful influence in the development of Christian social +teaching must be added to the others in order the better to grasp the +mental attitude of the mediaeval thinkers. This was the rise and growth +of monasticism. Its early history has been obscured by much legendary +detail; but there is sufficient evidence to trace it back far into the +beginnings of Christianity. Later there had come the stampede into the +Thebaid, where both hermit life and the gathering together of many into +a community seem to have been equally allowed as methods of asceticism. +But by the fifth century, in the East and the West the movement had been +effectively organised. First there was the canonical theory of life, +introduced by St. Augustine. Then St. Basil and St. Benedict composed +their Rules of Life, though St. Benedict disclaimed any idea of being +original or of having begun something new. Yet, as a matter of fact, he, +even more efficiently than St. Basil, had really introduced a new force +into Christendom, and thereby became the undoubted father of Western +monasticism. + +Now this monasticism had for its primary intention the contemplation of +God. In order to attain this object more perfectly, certain subsidiary +observances were considered necessary. Their declared purpose was only +to make contemplation easier; and they were never looked upon as +essential to the monastic profession, but only as helps to its better +working. Among these safeguards of monastic peace was included the +removal of all anxieties concerning material well-being. Personal +poverty--that is, the surrender of all personal claim to things the care +of which might break in upon the fixed contemplation of God--was +regarded as equally important for this purpose as obedience, chastity, +and the continued residence in a certain spot. It had indeed been +preached as a counsel of perfection by Christ Himself in His advice to +the rich young man, and its significance was now very powerfully set +forth by the Benedictine and other monastic establishments. + +It is obvious that the existence of institutions of this kind was bound +to exercise an influence upon Christian thought. It could not but be +noticed that certain individual characters, many of whom claimed the +respect of their generation, treated material possessions as hindrances +to spiritual perfection. Through their example private property was +forsworn, and community of possession became prominently put forward as +being more in accordance with the spirit of Christ, who had lived with +His Apostles, it was declared, out of the proceeds of a common purse. +The result, from the point of view of the social theorists of the day, +was to confirm the impression that private property was not a thing of +much sanctity. Already, as we have seen, the Fathers had been brought to +look at it as something sinful in its origin, in that the need of it was +due entirely to the fall of our first parents. Then the legalists of +Rome had brought to this the further consideration that mere expedience, +universal indeed, but of no moral sanction, had dictated its institution +as the only way to avoid continual strife among neighbours. And now the +whole force of the religious ideals of the time was thrown in the same +balance. Eastern and Western monasticism seemed to teach the same +lesson, that private property was not in any sense a sacred thing. +Rather it seemed to be an obstacle to the perfect devotion of man's +being to God; and community of possession and life began to boast itself +to be the more excellent following of Christ. + +Finally it may be asserted that the social concept of feudalism lent +itself to the teaching of the same lesson. For by it society was +organised upon a system of land tenure whereby each held what was his of +one higher than he, and was himself responsible for those beneath him in +the social scale. Landowners, therefore, in the modern sense of the +term, had no existence--there were only landholders. The idea of +absolute dominion without condition and without definite duties could +have occurred to none. Each lord held his estate in feud, and with a +definite arrangement for participating in the administration of justice, +in the deliberative assembly, and in the war bands of his chief, who in +turn owed the same duties to the lord above him. Even the king, who +stood at the apex of this pyramid, was supposed to be merely holding his +power and his territorial domain as representing the nation. At his +coronation he bound himself to observe certain duties as the condition +of his royalty, and he had to proclaim his own acceptance of these +conditions before he could be anointed and crowned as king. Did he break +through his coronation-oath, then the pledge of loyalty made by the +people was considered to be in consequence without any binding force, +and his subjects were released from their obedience. In this way, then, +also private property was not likely to be deemed equivalent to absolute +possession. It was held conditionally, and was not unfrequently +forfeited for offences against the feudal code. It carried with it +burdens which made its holding irksome, especially for all those who +stood at the bottom of the scale, and found that the terms of their +possession were rigorously enforced against them. The death of the +tenant and the inheriting of his effects by his eldest son was made the +occasion for exactions by the superior lord; for to him belonged certain +of the dead man's military accoutrements as pledges, open and manifest, +of the continued supremacy to be exercised over the successor. + +Thus the extremely individual ideas as regards the holding of land which +are to-day so prevalent would then have been hardly understood. Every +external authority, the whole trend of public opinion, the teaching of +the Christian Fathers, the example of religious bodies, the inherited +views that had come down to the later legalists from the digests of the +imperial era, the basis of social order, all deflected the scale against +the predominance of any view of land tenure or holding which made it an +absolute and unrestricted possession. Yet at the same time, and for the +same cause, the modern revolt against all individual possession would +have been for the mediaeval theorists equally hard to understand. +Absolute communism, or the idea of a State which under the magic of that +abstract title could interfere with the whole social order, was too +utterly foreign to their ways of thinking to have found a defender. The +king they knew, and the people, and the Church; but the State (which the +modern socialist invokes) would have been an unimaginable thing. + +In that age, therefore, we must not expect to find any fully-fledged +Socialism. We must be content to notice theories which are socialistic +rather than socialist. + + + + +CHAPTER II + +SOCIAL CONDITIONS + + +So long as a man is in perfect health, the movements of his life-organs +are hardly perceptible to him. He becomes conscious of their existence +only when something has happened to obstruct their free play. So, again, +is it with the body politic, for just so long as things move easily and +without friction, hardly are anyone's thoughts stimulated in the +direction of social reform. But directly distress or disturbance begin +to be felt, public attention is awakened, and directed to the +consideration of actual conditions. Schemes are suggested, new ideas +broached. Hence, that there were at all in the Middle Ages men with +remedies to be applied to "the open sores of the world," makes us +realise that there must have been in mediaeval life much matter for +discontent. Perhaps not altogether unfortunately, the seeds of unrest +never need much care in sowing, for the human heart would else advance +but little towards "the perfect day." The rebels of history have been as +necessary as the theorists and the statesmen; indeed, but for the +rebels, the statesmen would probably have remained mere politicians. + +Upon the ruins of the late Empire the Germanic races built up their +State. Out of the fragments of the older _villa_ they erected the +_manor_. No doubt this new social unit contained the strata of many +civilisations; but it will suffice here to recognise that, while it is +perhaps impossible to apportion out to each its own particular +contribution to the whole result, the manor must have been affected +quite considerably by Roman, Celt, and Teuton. The chief difference +which we notice between this older system and the conditions of modern +agricultural life--for the manor was pre-eminently a rural +organism--lies in the enormous part then played in the organisation of +society by the idea of Tenure. For, through all Western civilisation, +from the seventh century to the fourteenth, the personal equation was +largely merged in the territorial. One and all, master and man, lord and +tenant, were "tied to the soil." Within the manor there was first the +land held in demesne, the "in-land"--this was the perquisite of the lord +himself; it was farmed by him directly. Only when modern methods began +to push out the old feudal concepts do we find this portion of the +estate regularly let out to tenants, though there are evidences of its +occasionally having been done even in the twelfth century. But besides +what belonged thus exclusively to the lord of the manor, there was a +great deal more that was legally described as held in villeinage. That +is to say, it was in the hands of others, who had conditional use of it. +In England these tenants were chiefly of three kinds--the villeins, the +cottiers, the serfs. The first held a house and yard in the village +street, and had in the great arable fields that surrounded them strips +of land amounting sometimes to thirty acres. To their lord they owed +work for three days each week; they also provided oxen for the plough. +But more than half of their time could be devoted to the farming of +their property. Then next in order came the cottiers, whose holding +probably ran to not more than five acres. They had no plough-work, and +did more of the manual labour of the farm, such as hedging, +nut-collecting, &c. A much greater portion of their time than was the +case with the villeins was at the disposal of their master, nor indeed, +owing to the lesser extent of their property, did they need so much +opportunity for working their own land. Lowest in the scale of all +(according to the Domesday Book of William I, the first great land-value +survey of all England, they numbered not more than sixteen per cent. of +the whole population) came the slaves or serfs. These had almost +exclusively the live stock to look after, being engaged as foresters, +shepherds, swineherds, and servants of the household. They either lived +under the lord's own roof, or might even have their cottage in the +village with its strip of land about it, sufficient, with the provisions +and cloth provided them, to eke out a scanty livelihood. Distinct from +these three classes and their officials (bailiffs, seneschals, reeves, +&c.) were the free tenants, who did no regular work for the manor, but +could not leave or part with their land. Their services were +requisitioned at certain periods like harvest-time, when there came a +demand for more than the ordinary number of hands. This sort of labour +was known as boon-work. + +It is clear at once that, theoretically at least, there was no room in +such a community for the modern landless labourer. Where all the workers +were paid by their tenancy of land, where, in other words, fixity and +stability of possession were the very basis of social life, the fluidity +of labour was impossible. Men could not wander from place to place +offering to employers the hire of their toil. Yet we feel sure that, in +actual fact, wherever the population increased, there must have grown up +in the process of time a number of persons who could find neither work +nor maintenance on their father's property. Younger sons, or more remote +descendants, must gradually have found that there was no scope for them, +unless, like an artisan class, they worked for wages. Exactly at what +date began the rise of this agricultural and industrial class of fee +labourers we cannot very clearly tell. But in England--and probably the +same holds good elsewhere--between 1200 and 1350 there are traces of its +great development. There is evidence, which each year becomes more ample +and more definite, that during that period there was an increasingly +large number of people pressing on the means of subsistence. Though the +land itself might be capable of supporting a far greater number of +inhabitants, the part under cultivation could only just have been enough +to keep the actually existing population from the margin of destitution. +The statutes in English law which protest against a wholesale occupation +of the common-land by individuals were not directed merely against the +practices of a landlord class, for the makers of the law were themselves +landlords. It is far more likely that this invasion of village rights +was due to the action of these "landless men," who could not otherwise +be accommodated. The superfluous population was endeavouring to find for +itself local maintenance. + +Precisely at this time, too, in England--where the steps in the +evolution from mediaeval to modern conditions have been more clearly +worked out than elsewhere--increase of trade helped to further the same +development. Money, species, in greater abundance was coming into +circulation. The traders were beginning to take their place in the +national life. The Guilds were springing into power, and endeavouring to +capture the machinery of municipal government. As a result of all this +commercial activity money payments became more frequent. The villein was +able to pay his lord instead of working for him, and by the sale of the +produce from his own yard-land was put in a position to hire helpers for +himself, and to develop his own agricultural resources. Nor was it the +tenant alone who stood to gain by this arrangement. The lord, too, was +glad of being possessed of money. He, too, needed it as a substitute for +his duty of military service to the king, for scutage (the payment of a +tax graduated according to the number of knights, which each baron had +to lead personally in time of war as a condition of holding land at all) +had taken the place of the old feudal levy. Moreover, he was probably +glad to obtain hired labour in exchange for the forced labour which the +system of tenure made general; just as later the abolition of slavery +was due largely to the fact that, in the long run, it did not pay to +have the plantations worked by men whose every advantage it was to shirk +as much toil as possible. + +But in most cases, as far as can be judged now, the lord was methodical +in releasing services due to him. The week-work was first and freely +commuted, for regular hired labour was easy to obtain; but the +boon-work--the work, that is, which was required for unusual +circumstances of a purely temporary character (such as harvesting, +&c.)--was, owing to the obvious difficulty of its being otherwise +supplied, only arranged for in the last resort. Thus, by one of the many +paradoxes of history, the freest of all tenants were the last to achieve +freedom. When the serfs had been set at liberty by manumission, the +socage-tenants or free-tenants, as they were called, were still bound by +their fixed agreements of tenure. It is evident, however, that such +emancipation as did take place was conditioned by the supply of free +labour, primarily, that is, by the rising surplus of population. Not +until he was certain of being able to hire other labourers would a +landholder let his own tenants slip off the burdens of their service. + +But this process, by which labour was rendered less stationary, was +immeasurably hastened by the advent of a terrible catastrophe. In 1347 +the Black Death arrived from the East. Across Europe it moved, striking +fear by the inevitableness of its coming. It travelled at a steady rate, +so that its arrival could be easily foretold. Then, too, the +unmistakable nature of its symptoms and the suddenness of the death it +caused also added to the horror of its approach. + +On August 15, 1349, it got to Bristol, and by Michaelmas had reached +London. For a year or more it ravaged the countryside, so that whole +villages were left without inhabitants. Seeing England so stunned by the +blow, the Scots prepared to attack, thinking the moment propitious for +paying off old scores; but their army, too, was smitten by the +pestilence, and their forces broke up. Into every glen of Wales it +worked its havoc; in Ireland only the English were affected--the "wild +Irish" were immune. But in 1357 even these began to suffer. Curiously +enough, Geoffrey Baker in his Chronicle (which, written in his own hand, +after six hundred years yet remains in the Bodleian at Oxford) tells us +that none fell till they were afraid of it. Still more curiously, +Chaucer, Langland, and Wycliff, who all witnessed it, hardly mention it +at all. There could not be any more eloquent tribute to the nameless +horror that it caused than this hushed silence on the part of three of +England's greatest writers. + +Henry Knighton of Leicester Abbey, canon and chronicler, tells us some +of the consequences following on the plague, and shows us very clearly +the social upheaval it effected. The population had now so much +diminished that prices of live stock went down, an ox costing 4_s._, a +cow 12_d._, and a sheep 3_d._ But for the same reason wages went up, for +labour had suddenly grown scarce. For want of hands to bring in the +harvest, whole crops rotted in the fields. Many a manor had lost a third +of its inhabitants, and it was difficult, under the fixed services of +land tenure, to see what remedy could be applied. In despair the feudal +system was set aside, and lord competed with lord to obtain landless +labourers, or to entice within their jurisdiction those whose own +masters ill-treated them in any way. The villeins themselves sought to +procure enfranchisement, and the right to hire themselves out to their +lords, or to any master they might choose. Commutation was not +particularly in evidence as the legal method of redress; though it too +was no doubt here and there arranged for. But for the most part the +villein took the law into his own hands, left his manor, and openly sold +his labour to the highest bidder. + +But at once the governing class took fright. In their eyes it seemed as +though their tenants were taking an unfair advantage of the +disorganisation of the national life. Even before Parliament could meet, +in 1349 an ordnance was issued by the King (Edward III), which compelled +all servants, whether bond or free, to take up again the customary +services, and forced work on all who had no income in land, or were not +otherwise engaged. The lord on whose manor the tenant had heretofore +dwelt had preferential claim to his labour, and could threaten with +imprisonment every refractory villein. Within two years a statute had +been enacted by Parliament which was far more detailed in its operation, +fixing wages at the rate they had been in the twentieth year of the +King's reign (_i.e._ at a period before the plague, when labour was +plentiful), and also with all appearance of justice determining the +prices of agricultural produce. It was the first of a very long series +of Acts of Parliament that, with every right intention, but with a +really obvious futility, endeavoured to reduce everything to what it had +been in the past, to put back the hands of the clock, and keep them +back. But one strange fact is noticeable. + +Whether unconsciously or not, the framers of these statutes were +themselves striking the hardest blow at the old system of tenure. From +1351 the masters' preferential claim to the villeins of their own manor +disappears, or is greatly limited. Henceforth the labourers are to +appear in the market place with their tools, and (reminiscent of +scriptural conditions) wait till some man hired them. The State, not the +lord, is now regulating labour. Labour itself has passed from being +"tied to the soil," and has become fluid. It is no longer a personal +obligation, but a commodity. + +Even Parliament recognised that in many respects at least the old order +had passed away. The statute of 1351 allows "men of the counties of +Stafford, Lancaster, Derby, the borders of Wales and Scotland, &c., to +come in August time to labour in other counties, and to return in +safety, as they were heretofore wont to do." It is the legalisation of +what had been looked at, up till then, askance. The long, silent +revolution had become conscious. But the lords were, as we have said, +not altogether sorry for the turn things had taken. Groaning under +pressure from the King's heavy war taxation, and under the demands which +the advance of new standards of comfort (especially between 1370 and +1400) entailed, they let off on lease even the demesne land, and became +to a very great extent mere rent-collectors. Commutation proceeded +steadily, with much haggling so as to obtain the highest price from the +eager tenant. Wages rose slowly, it is true, but rose all the same; and +rent, though still high, was becoming, on the whole, less intolerable. + +But the drain of the French war, and the peculation in public funds +brought about the final upheaval which completed what the Black Death +had begun. The capricious and unfairly graduated poll-tax of 1381 came +as a climax, and roused the Great Revolt of that year, a revolt +carefully engineered and cleverly organised, which yet for the demands +it made is a striking testimony to the moderation, the good sense, and +also the oppressed state of the English peasant. + +The fourfold petition presented to the King by the rebels was: + + + (1) The abolition of serfdom. + + (2) The reduction of rent to 4_d._ per acre. + + (3) The liberty to buy and sell in market. + + (4) A free pardon. + + +Compare the studiously restrained tone of these articles with the +terrible atrocities and vengeance wreaked by the Jacquerie in France, +and the no less awful mob violence perpetrated in Florence by the +Ciompi. While it shows no doubt in a kindly light the more equitable +rule of the English landholder, it remains a monument, also, of the +fair-mindedness of the English worker. + +In the towns much the same sort of struggle had been going on; for the +towns themselves, more often than not, sprang up on the demesne of some +lord, whether king, Church, or baron. But here the difficulties were +complicated still further by the interference of the Guilds, which in +the various trades regulated the hours of labour, the quality of the +work, and the rate of remuneration. Yet, on the other hand, it is +undoubted that, once the squalor of the earlier stages of urban life had +been removed or at least improved, the social condition of the poor, +from the fourteenth century onwards, was immeasurably superior in the +towns to what it was in the country districts. + +The quickening influence of trade was making itself felt everywhere. In +1331 the cloth trade was introduced at Bristol, and settled down then +definitely in the west of England. In the north we notice the beginnings +of the coal trade. Licence was given to the burgesses of Newcastle to +dig for coal in 1351; and in 1368 two merchants of the same city had +applied for and obtained royal permission to send that precious +commodity "to any part of the kingdom, either by land or water." Even +vast speculations were opening up for English commercial enterprise, +when, by cornering the wool and bribing the King, a ring of merchants +were able to break the Italian banking houses, and disorganise the +European money market, for on the Continent all this energy in trade was +already old. The house of Anjou, for example, had made the kingdom of +Naples a great trading centre. Its corn and cattle were famous the world +over. But in Naples it was the sovereigns (like Edward III and Edward IV +in England) who patronised the commercial instincts of their people. By +the indefatigable genius of the royal house, industry was stimulated, +and private enterprise encouraged. By wise legislation the interests of +the merchants were safeguarded; and by the personal supervision of +Government, fiscal duties were moderated, the currency kept pure and +stable, weights and measures reduced to uniformity, the ease and +security of communications secured. + +No doubt trade not seldom, even in that age, led to much evil. +Parliament in England raised its voice against the trickery and deceit +practised by the greater merchants towards the small shopkeepers, and +complained bitterly of the growing custom of the King to farm out to the +wealthier among them the subsidies and port-duties of the kingdom. For +the whole force of the break-up of feudal conditions was to turn the +direction of power into the hands of a small, but moneyed class. Under +Edward III there is a distinct appearance of a set of _nouveaux riches_, +who rise to great prominence and take their places beside the old landed +nobility. De la Pole, the man who did most to establish the prosperity +of Hull, is an excellent example of what is often thought to be a +decidedly modern type. He introduced bricks from the Low Countries, and +apparently by this means and some curious banking speculations of very +doubtful honesty achieved a great fortune. The King paid a visit to his +country house, and made him Chief Baron of the Exchequer, in which +office he was strongly suspected of not always passing to the right +quarter some of the royal moneys. His son became Earl of Suffolk and +Lord Chancellor; and a marriage with royalty made descendants of the +family on more than one occasion heirs-at-law of the Crown. + +Even the peasant was beginning to feel the amelioration of his lot, +found life easy, and work something to be shirked. In his food, he was +starting to be delicate. Says Langland in his "Vision of Piers Plowman": + + + "Then labourers landless that lived by their hands, + Would deign not to dine upon worts a day old. + No penny-ale pleased them, no piece of good bacon, + Only fresh flesh or fish, well-fried or well-baked, + Ever hot and still hotter to heat well their maw." + + +And he speaks elsewhere of their laziness: + + + "Bewailing his lot as a workman to live, + He grumbles against God and grieves without reason, + And curses the king and his council after + Who licence the laws that the labourers grieve." + + +That the poor could thus become fastidious was a good sign of the rising +standard of comfort. + +But for all that life was hard, and much at the mercy of the weather, +and of the assaults of man's own fellows. The houses of the better folk +were of brick and stone, and glass windows were just becoming known, +whereas the substitute of oiled paper had been neither cheerful nor of +very much protection. But the huts of the poor were of plastered mud; +and even the walls of a quite respectable man's abode, we know from one +court summons to have been pierced by arrows shot at him by a pugnacious +neighbour. The plaintiff offered to take judge and jury then and there +and show them these "horrid weapons" still sticking to the exterior. In +the larger houses the hall had branched off, by the fourteenth century, +into withdrawing-rooms, and parlours, and bedrooms, such as the Paston +Letters describe with much curious wealth of detail. Lady Milicent +Falstolf, we are told, was the only one in her father's household who +had a ewer and washing-basin. + +Yet with all the lack of the modern necessities of life, human nature +was still much the same. The antagonism between rich and poor, which the +collapse of feudal relations had strained to breaking-point, was not +perhaps normally so intense as it is to-day; yet there was certainly +much oppression and unnecessary hardships to be suffered by the weak, +even in that age. The Ancren Riwle, that quaint form of life for +ankeresses drawn up by a Dominican in the thirteenth century, shows +that even then, despite the distance of years and the passing of so many +generations, the manners and ways and mental attitudes of people +depended very much as to whether they were among those who had, or who +had not; the pious author in one passage of homely wit compares certain +of the sisters to "those artful children of rich parents who purposely +tear their clothes that they may have new ones." + +There have always been wanton waste and destitution side by side; and on +the prophecy of the One to whom all things were revealed, we know that +the poor shall be always with us. Yet we must honour those who, like +their Master, strive to smooth away the anxious wrinkles of the world. + + + + +CHAPTER III + +THE COMMUNISTS + + +There have always been religious teachers for whom all material creation +was a thing of evil. Through the whole of the Middle Ages, under the +various names of Manicheans, Albigensians, Vaudois, &c., they became +exceedingly vigorous, though their importance was only fitful. For them +property was essentially unclean, something to be avoided as carrying +with it the in-dwelling of the spirit of evil. Etienne de Bourbon, a +Dominican preacher of the thirteenth century, who got into communication +with one of these strange religionists, has left us a record, +exceedingly unprejudiced, of their beliefs. And amongst their other +tenets, he mentions this, that they condemned all who held landed +property. It will be here noticed that as regards these Vaudois (or Poor +Men of Lyons, as he informs us they were called), there could have been +no question of communism at all, for a common holding of property would +have been as objectionable as private property. To hold material things +either in community or severalty was in either case to bind oneself to +the evil principle. Yet Etienne tells us that there was a sect among +them which did sanction communism; they were called, in fact, the +_Communati_ (_Tractatus de Diversis Materiis Predicabilibus_, Paris, +1877, p. 281). How they were able to reconcile this social state with +their beliefs it is quite impossible to say; but the presumption is that +the example of the early Christians was cited as of sufficient authority +by some of these teachers. Certain it is that a sect still lingered on +into the thirteenth century, called the _Apostolici_, who clung to the +system which had been in vogue among the Apostles. St. Thomas Aquinas +(_Summa Theologica_, 2_a_, 2_ae_, 66, 2) mentions them, and quotes St. +Augustine as one who had already refuted them. But these were seemingly +a Christian body, whereas the Albigensians could hardly make any such +claim, since they repudiated any belief in Christ's humanity, for it +conflicted with their most central dogma. + +Still it is clear that there were in existence certain obscure bodies +which clung to communism. The published records of the Inquisition refer +incessantly to preachers of this kind who denied private property, +asserted that no rich man could get to heaven, and attacked the practice +of almsgiving as something utterly immoral. + +The relation between these teachers and the Orders of friars has never +been adequately investigated. We know that the Dominicans and +Franciscans were from their earliest institution sent against them, and +must therefore have been well acquainted with their errors. And, as a +fact, we find rising among the friars a party which seemed no little +infected with the "spiritual" tendency of these very Vaudois. The +Franciscan reverence for poverty, which the Poor Man of Assisi had so +strenuously advocated, had in fact become almost a superstition. Instead +of being, as the saint had intended it to be, merely a means to an end, +it had in process of time become looked upon as the essential of +religion. When, therefore, the excessive adoption of it made religious +life an almost impossible thing, an influential party among the +Franciscans endeavoured to have certain modifications made which should +limit it within reasonable bounds. But opposed to them was a determined, +resolute minority, which vigorously refused to have any part in such +"relaxations." The dispute between these two branches of the Order +became at last so tempestuous that it was carried to the Pope, who +appointed a commission of cardinals and theologians to adjudicate on the +rival theories. Their award was naturally in favour of those who, by +their reasonable interpretation of the meaning of poverty, were fighting +for the efficiency of their Order. But this drove the extreme party into +still further extremes. They rejected at once all papal right to +interfere with the constitutions of the friars, and declared that only +St. Francis could undo what St. Francis himself had bound up. Nor was +this all, for in the pursuance of their zeal for poverty they passed +quickly from denunciations of the Pope and the wealthy clergy (in which +their rhetoric found very effective matter for argument) into abstract +reasoning on the whole question of the private possession of property. +The treatises which they have left in crabbed Latin and involved methods +of argument make wearisome and irritating reading. Most are exceedingly +prolix. After pages of profound disquisitions, the conclusions reached +seem to have advanced the problem no further. Yet the gist of the whole +is certainly an attempt to deny to any Christian the right to temporal +possessions. Michael of Cesena, the most logical and most effective of +the whole group, who eventually became the Minister-General of this +portion of the Order, does not hesitate to affirm the incompatibility of +Christianity and private property. From being a question as to the +teaching of St. Francis, the matter had grown to one as to the teaching +of Christ; and in order to prove satisfactorily that the practice of +poverty as inculcated by St. Francis was absolute and inviolable, it was +found necessary to hold that it was equally the declared doctrine of +Christ. + +Even Ockham, a brilliant Oxford Franciscan, who, together with Michael, +defended the Emperor, Louis of Bavaria, in his struggle against Pope +John XXII, let fall in the heat of controversy some sayings which must +have puzzled his august patron; for Louis would have been the very last +person for whom communism had any charms. Closely allied in spirit with +these "Spiritual Franciscans," as they were called, or Fraticelli, were +those curious mediaeval bodies of Beguins and Beghards. Hopelessly +pantheistic in their notion of the Divine Being, and following most +peculiar methods of reaching on earth the Beatific Vision, they took up +with the same doctrine of the religious duty of the communistic life. +They declared the practice of holding private property to be contrary to +the Divine Law. + +Another preacher of communism, and one whose name is well known for the +active propaganda of his opinions, and for his share in the English +Peasant Revolt of 1381, was John Ball, known to history as "The Mad +Priest of Kent." There is some difficulty in finding out what his real +theories were, for his chroniclers were his enemies, who took no very +elaborate steps to ascertain the exact truth about him. Of course there +is the famous couplet which is said to have been the text of all his +sermons: + + + "Whaune Adam dalf and Eve span, + Who was thane a gentilman?"[1] + + +at least, so it is reported of him in the _Chronicon Angliae_, the work +of an unknown monk of St. Albans (Roll Series, 1874, London, p. 321). +Froissart, that picturesque journalist, who naturally, as a friend of +the Court, detested the levelling doctrines of this political rebel, +gives what he calls one of John Ball's customary sermons. He is +evidently not attempting to report any actual sermon, but rather to give +a general summary of what was supposed to be Ball's opinions. As such, +it is worth quoting in full. + +"My good friends, things cannot go on well in England, nor ever will +until everything shall be in common; when there shall be neither vassal +nor lord, and all distinctions levelled; when lords shall be no more +masters than ourselves. How ill have they used us! and for what reason +do they thus hold us in bondage? Are we not all descended from the same +parents--Adam and Eve? And what can they show, and what reason give, why +they should be more the masters than ourselves? Except, perhaps, in +making us labour and work for them to spend." Froissart goes on to say +that for speeches of this nature the Archbishop of Canterbury put Ball +in prison, and adds that for himself he considers that "it would have +been better if he had been confined there all his life, or had been put +to death." However, the Archbishop "set him at liberty, for he could not +for conscience sake have put him to death" (Froissart's _Chronicle_, +1848, London, book ii. cap. 73, pp. 652-653). + +From this extract all that can be gathered with certainty is the popular +idea of the opinions John Ball held; and it is instructive to find that +in the Primate's eyes there was nothing in the doctrine to warrant the +extreme penalty of the law. But in reality we have no certainty as to +what Ball actually taught, for in another account we find that, +preaching on Corpus Christi Day, June 13, 1381, during the last days of +the revolt, far fiercer words are ascribed to him. He is made to appeal +to the people to destroy the evil lords and unjust judges, who lurked +like tares among the wheat. "For when the great ones have been rooted up +and cast away, all will enjoy equal freedom--all will have common +nobility, rank, and power." Of course it may be that the war-fever of +the revolt had affected his language; but the sudden change of tone +imputed in the later speeches makes the reader somewhat suspicious of +the authenticity. + +The same difficulty which is experienced in discovering the real mind of +Ball is encountered when dealing with Wat Tyler and Jack Straw, who +were, with him, the leaders of the revolt. The confession of Jack Straw +quoted in the _Chronicon Angliae_, like nearly all mediaeval +"confessions," cannot be taken seriously. His accusers and judges +readily supplied what they considered he should have himself admitted. +Without any better evidence we cannot with safety say along what lines +he pushed his theories, or whether, indeed, he had any theories at all. +Again, Wat Tyler is reported to have spoken threateningly to the King on +the morning of his murder by Lord Mayor Walworth; but the evidence is +once more entirely one-sided, contributed by those who were only too +anxious to produce information which should blacken the rebels in the +minds of the educated classes. As a matter of fact, the purely official +documents, in which we can probably put much more reliance (such as the +petitions that poured in from all parts of the country on behalf of the +peasants, and the proclamations issued by Richard II, in which all their +demands were granted on condition of their immediate withdrawal from the +capital), do not leave the impression that the people really advocated +any communistic doctrines; oppression is complained of, the lawyers +execrated, the labour laws are denounced, and that is practically all. + +It may be, indeed, that the traditional view of Ball and his followers, +which makes them one with the contemporaneous revolts of the Jacquerie +in France, the Ciompi in Florence, &c., has some basis in fact. But at +present we have no means of gauging the precise amount of truth it +contains. + +But even better known than John Ball is one who is commonly connected +with the Peasant Revolt, and whose social opinions are often grouped +under the same heading as that of the "Mad Priest of Kent,"--John +Wycliff, Master of Balliol, and parson of Lutterworth. This Oxford +professor has left us a number of works from which to quarry materials +to build up afresh the edifice he intended to erect. His chief +contribution is contained in his _De Civili Dominio_, but its +composition extended over a long period of years, during which time his +views were evidently changing; so that the precise meaning of his famous +theory on the Dominion of Grace is therefore difficult to ascertain. + +But in the opening of his treatise he lays down the two main "truths" +upon which his whole system rests: + + + I. No one in mortal sin has any right to the gifts of God; + + II. Whoever is in a state of grace has a right, not indeed to + possess the good things of God, but to use them. + + +He seems to look upon the whole question from a feudal point of view. +Sin is treason, involving therefore the forfeiture of all that is held +of God. Grace, on the other hand, makes us the liegemen of God, and +gives us the only possible right to all His good gifts. But, he would +seem to argue, it is incontestable that property and power are from God, +for so Scripture plainly assures us. Therefore, he concludes, by grace, +and grace alone, are we put in dominion over all things; once we are in +loyal subjection to God, we own all things, and hold them by the only +sure title. "Dominion by grace" is thus made to lead direct to +communism. His conclusion is quite clear: _Omnia debent esse communia_. + +In one of his sermons (Oxford, 1869, vol. i. p. 260), when he has proved +this point with much complacent argumentation, he poses himself with the +obvious difficulty that in point of fact this is not true; for many who +are apparently in mortal sin do possess property and have dominion. +What, then, is to be done, for "they be commonly mighty, and no man dare +take from them"? His answer is not very cheerful, for he has to console +his questioner with the barren scholastic comfort that "nevertheless, he +hath them not, but occupieth things that be not his." Emboldened by the +virtue of this dry logic, he breaks out into his gospel of plain +assertion that "the saints have now all things that they would have." +His whole argument, accordingly, does not get very far, for he is still +speaking really (though he does not at times very clearly distinguish +between the two) much more about the right to a thing than its actual +possession. He does not really defend the despoiling of the evil rich at +all--in his own graphic phrase, "God must serve the Devil"; and all that +the blameless poor can do is to say to themselves that though the rich +"possess" or "occupy," the poor "have." It seems a strange sort of +"having"; but he is careful to note that, "as philosophers say, 'having +is in many manners.'" + +Wycliff himself, perhaps, had not definitely made up his mind as to the +real significance of his teaching; for the system which he sketches does +not seem to have been clearly thought out. His words certainly appear to +bear a communistic sense; but it is quite plain that this was not the +intention of the writer. He defends Plato at some length against the +criticism of Aristotle, but only on the ground that the disciple +misunderstood the master: "for I do not think Socrates to have so +intended, but only to have had the true catholic idea that each should +have the use of what belongs to his brother" (_De Civili Dominio_, +London, 1884-1904, vol. i. p. 99). And just a few lines farther on he +adds, "But whether Socrates understood this or not, I shall not further +question. This only I know, that by the law of charity every Christian +ought to have the just use of what belongs to his neighbour." What else +is this really but the teaching of Aristotle that there should be +"private property and common use"? It is, in fact, the very antithesis +of communism. + +Some have thought that he was fettered in his language by his academic +position; but no Oxford don has ever said such hard things about his +Alma Mater as did this master of Balliol. "Universities," says he, +"houses of study, colleges, as well as degrees and masterships in them, +are vanities introduced by the heathen, and profit the Church as little +and as much as does Satan himself." Surely it were impossible to accuse +such a man of economy of language, and of being cowed by any University +fetish. + +His words, we have noted above, certainly can bear the interpretation of +a very levelling philosophy. Even in his own generation he was accused +through his followers of having had a hand in instigating the revolt. +His reply was an angry expostulation (Trevelyan's _England in the Age of +Wycliff_, 1909, London, p. 201). Indeed, considering that John of Gaunt +was his best friend and protector, it would be foolish to connect +Wycliff with the Peasant Rising. The insurgents, in their hatred of +Gaunt, whom they looked upon as the cause of their oppression, made all +whom they met swear to have no king named John (_Chronicon Angliae_, p. +286). And John Ball, whom the author of the _Fasciculi Zizaniorum_ (p. +273, Roll Series, 1856, London) calls the "darling follower" of Wycliff, +can only be considered as such in his doctrinal teaching on the dogma of +the Real Presence. It must be remembered that to contemporary England +Wycliff's fame came from two of his opinions, viz. his denial of a real +objective Presence in the Mass (for Christ was there only by "ghostly +wit"), and his advice to King and Parliament to confiscate Church lands. +But whenever Ball or anyone else is accused of being a follower of +Wycliff, nothing else is probably referred to than the professor's +well-known opinion on the sacrament of the Eucharist. Hence it is that +the _Chronicon Angliae_ speaks of John Ball as having been imprisoned +earlier in life for his Wycliffite errors, which it calls simply +_perversa dogmata_. The "Morning Star of the Reformation" being +therefore declared innocent of complicity with the Peasant Revolt, it +is interesting to note to whom it is that he ascribes the whole force of +the rebellion. For him the head and front of all offending was the hated +friars. + +Against this imputation the four Orders of friars (the Dominicans, +Franciscans, Augustinians, and Carmelites) issued a protest. Fortunately +in their spirited reply they give the reasons on account of which they +are supposed to have shared in the rising. These were principally +negative. Thus it was stated that their influence with the people was so +great that had they ventured to oppose the spirit of revolt their words +would have been listened to (_Fasciculi Zizaniorum_, p. 293). The +chronicler of St. Albans is equally convinced of their weakness in not +preventing it, and declares that the flattery which they used alike on +rich and poor had also no mean share in producing the social unrest +(_Chronicon Angliae_, p. 312). Langland also, in his "Vision of Piers +Plowman," goes out of his way to denounce them for their levelling +doctrines: + + + "Envy heard this and bade friars go to school, + And learn logic and law and eke contemplation, + And preach men of Plato and prove it by Seneca + That all things under Heaven ought to be in common, + And yet he lieth, as I live, and to the lewd so preacheth + For God made to men a law and Moses it taught-- + + _Non concupisces rem proximi tui_" + (Thou shalt not covet thy neighbour's goods). + + +Here then it is distinctly asserted that the spread of communistic +doctrines was due to the friars. Moreover, the same popular opinion is +reflected in the fabricated confession of Jack Straw, for he is made to +declare that had the rebels been successful, all the monastic orders, as +well as the secular clergy, would have been put to death, and only the +friars would have been allowed to continue. Their numbers would have +sufficed for the spiritual needs of the whole kingdom (_Chronicon +Angliae_, p. 309). Moreover, it has been noticed that not a few of them +actually took part in the revolt, heading some of the bands of +countrymen who marched on London. + +It will have been seen, therefore, that Communism was a favourite +rallying-cry throughout the Middle Ages for all those on whom the +oppression of the feudal yoke bore heavily. It was partly also a +religious ideal for some of the strange gnostic sects which flourished +at that era. Moreover, it was an efficient weapon when used as an +accusation, for Wycliff and the friars alike both dreaded its +imputation. Perhaps of all that period, John Ball alone held it +consistently and without shame. Eloquent in the way of popular appeal, +he manifestly endeavoured to force it as a social reform on the +peasantry, who were suffering under the intolerable grievance of the +Statutes of Labourers. But though he roused the countryside to his +following, and made the people for the first time a thing of dread to +nobles and King, it does not appear that his ideas spread much beyond +his immediate lieutenants. Just as in their petitions the rebels made no +doctrinal statements against Church teaching, nor any capital out of +heretical attacks (except, singularly enough, to accuse the Primate, +whom they subsequently put to death, of overmuch leniency to Lollards), +so, too, they made no reference to the central idea of Ball's social +theories. In fact, little abstract matter could well have appealed to +them. Concrete oppression was all they knew, and were this done away +with, it is evident that they would have been well content. + +The case of the friars is curious. For though their superiors made many +attempts to prove their hostility to the rebels, it is evident that +their actual teaching was suspected by those in high places. It is the +exact reversal of the case of Wycliff. His views, which sounded so +favourable to communism, are found on examination to be really nothing +but a plea to leave things alone, "for the saints have now all they +would have"; while on the other hand the theories of the friars, in +themselves so logical and consistent, and in appearance obviously +conservative to the fullest extent, turn out to contain the germ of +revolution. + +Said Lord Acton with his sober wit: "Not the devil, but St. Thomas +Aquinas, was the first Whig." + +FOOTNOTE: + +[1] This rhyme is of course much older than John Ball; _cf._ Richard +Rolle (1300-1349), i. 73, London, 1895. + + + + +CHAPTER IV + +THE SCHOOLMEN + + +The schoolmen in their adventurous quest after a complete harmony of all +philosophic learning could not neglect the great outstanding problems of +social and economic life. They flourished at the very period of European +history when commerce and manufacture were coming back to the West, and +their rise synchronises with the origin of the great houses of the +Italian and Jewish bankers. Yet there was very little in the past +learning of Christian teachers to guide them in these matters, for the +patristic theories, which we have already described, and a few isolated +passages cited in the Decretals of Gratian, formed as yet almost the +only contribution to the study of these sciences. However, this absence +of any organised body of knowledge was for them but one more stimulus +towards the elaboration of a thorough synthesis of the moral aspect of +wealth. A few of the earlier masters made reference, detached and +personal, to the subject of dispute, but it was rather in the form of a +disorderly comment than the definite statement of a theory. + +Then came the translation of Aristotle's _Politics_, with the keen +criticism they contain of the views Plato had advocated. Here at once +the intellect of Europe found an exact exposition of principles, and +began immediately to debate their excellence and their defect. St. +Thomas Aquinas set to work on a literal commentary, and at his express +desire an accurate translation was made direct from the Greek by his +fellow-Dominican, William of Moerbeke. Later on, when all this had had +time to settle and find its place, St. Thomas worked out his own theory +of private property in two short articles in his famous _Summa +Theologica_. In his treatise on Justice, which occupies a large +proportion of the _Secund Secundae_ of the _Summa_, he found himself +forced to discuss the moral evil of theft; and to do this adequately he +had first to explain what he meant by private possessions. Without +these, of course, there could be no theft at all. + +He began, therefore, by a preliminary article on the actual state of +created things--that is, the material, so to say, out of which private +property is evolved. Here he notes that the nature of things, their +constituent essence, is in the hands of God, not man. The worker can +change the form, and, in consequence, the value of a thing, but the +substance which lies beneath all the outward show is too subtle for him +to affect it in any way. To the Supreme Being alone can belong the power +of creation, annihilation, and absolute mutation. But besides this +tremendous force which God holds incommunicably, there is another which +He has given to man, namely, the use of created things. For when man was +made, he was endowed with the lordship of the earth. This lordship is +obviously one without which he could not live. The air, and the forces +of nature, the beasts of the field, the birds and fishes, the vegetation +in fruit and root, and the stretches of corn are necessary for man's +continued existence on the earth. Over them, therefore, he has this +limited dominion. + +Moreover, St. Thomas goes on, man has not merely the present moment to +consider. He is a being possessed of intelligence and will, powers which +demand and necessitate their own constant activity. Instinct, the gift +of brute creation, ensures the preservation of life by its blind +preparation for the morrow. Man has no such ready-made and spontaneous +faculty. His powers depend for their effectiveness on their deliberative +and strenuous exertions. And because life is a sacred thing, a lamp of +which the once extinguished light cannot be here re-enkindled, it +carries with it, when it is intelligent and volitional, the duty of +self-preservation. Accordingly the human animal is bound by the law of +his own being to provide against the necessities of the future. He has, +therefore, the right to acquire not merely what will suffice for the +instant, but to look forward and arrange against the time when his power +of work shall have lessened, or the objects which suffice for his +personal needs become scarcer or more difficult of attainment. Property, +therefore, of some kind or other, says Aquinas, is required by the very +nature of man. Individual possessions are not a mere adventitious luxury +which time has accustomed him to imagine as something he can hardly do +without, nor are they the result of civilised culture, which by the law +of its own development creates fresh needs for each fresh demand +supplied; but in some form or other they are an absolute and dire +necessity, without which life could not be lived at all. Not simply for +his "well-being," but for his very existence, man finds them to be a +sacred need. Thus as they follow directly from the nature of creation, +we can term them "natural." + +St. Thomas then proceeds in his second article to enter into the +question of the rights of private property. The logical result of his +previous argument is only to affirm the need man has of some property; +the practice of actually dividing goods among individuals requires +further elaboration if it is to be reasonably defended. Man must have +the use of the fruits of the earth, but why these rather than those +should belong to him is an entirely different problem. It is the problem +of Socialism. For every socialist must demand for each member of the +human race the right to some possessions, food and other such +necessities. But why he should have this particular thing, and why that +other thing should belong to someone else, is the question which lies at +the basis of all attempts to preserve or destroy the present fabric of +society. Now, the argument which we have so far cited from St. Thomas is +simply based on the indefeasible right of the individual to the +maintenance of his life. Personality implies the right of the individual +to whatever is needful to him in achieving his earthly purpose, but does +not in itself justify the right to private property. + +"Two offices pertain to man with regard to exterior things" (thus he +continues). "The first is the power of procuring and dispensing, and in +respect to this, it is lawful for man to hold things as his own." Here +it is well to note that St. Thomas in this single sentence teaches that +private property, or the individual occupation of actual land or capital +or instruments of wealth, is not contrary to the moral law. Consequently +he would repudiate the famous epigram, "_La Propriete c'est le vol_." +Man may hold and dispose of what belongs to him, may have private +property, and in no way offend against the principles of justice, +whether natural or divine. + +But in the rest of the article St. Thomas goes farther still. Not merely +does he hold the moral proposition that private property is lawful, but +he adds to it the social proposition that private property is necessary. +"It is even necessary," says he, "for human life, and that for three +reasons. Firstly, because everyone is more solicitous about procuring +what belongs to himself alone than that which is common to all or many, +since each shunning labour leaves to another what is the common burden +of all, as happens with a multitude of servants. Secondly, because human +affairs are conducted in a more orderly fashion if each has his own duty +of procuring a certain thing, while there would be confusion if each +should procure things haphazard. Thirdly, because in this way the peace +of men is better preserved, for each is content with his own. Whence we +see that strife more frequently arises among those who hold a thing in +common and individually. The other office which is man's concerning +exterior things, is the use of them; and with regard to this a man ought +not to hold exterior things as his own, but as common to all, that he +may portion them out to others readily in time of need." (The +translation is taken from _New Things and Old_, by H. C. O'Neill, 1909, +London, pp. 253-4.) The wording and argument of this will bear, and is +well worth, careful analysis. For St. Thomas was a man, as Huxley +witnesses, of unique intellectual power, and, moreover, his theories on +private property were immediately accepted by all the schoolmen. Each +succeeding writer did little else than make more clear and defined the +outlines of the reasoning here elaborated. We shall, therefore, make no +further apology for an attempt to set out the lines of thought sketched +by Aquinas. + +It will be noticed at once that the principles on which private property +are here based are of an entirely different nature from those by which +the need of property itself was defended. For the latter we were led +back to the very nature of man himself and confronted with his right and +duty to preserve his own life. From this necessity of procuring supply +against the needs of the morrow, and the needs of the actual hour, was +deduced immediately the conclusion that property of some kind (_i.e._ +the possession of some material things) was demanded by the law of man's +nature. It was intended as an absolute justification of a sacred right. +But in this second article a completely different process is observed. +We are no longer considering man's essential nature in the abstract, but +are becoming involved in arguments of concrete experience. The first was +declared to be a sacred right, as it followed from a law of nature; the +second is merely conditioned by the reasons brought forward to support +it. To repeat the whole problem as it is put in the _Summa_, we can +epitomise the reasoning of St. Thomas in this easier way. The question +of property implies two main propositions: (_a_) the right to property, +_i.e._ to the use of material creation; (_b_) the right to private +property, _i.e._ to the actual division of material things among the +determined individuals of a social group. The former is a sacred, +inalienable right, which can never be destroyed, for it springs from the +roots of man's nature. If man exists, and is responsible for his +existence, then he must necessarily have the right to the means without +which his existence is made impossible. But the second proposition must +be determined quite differently. The kind of property here spoken of is +simply a matter not of right, but of experienced necessity, and is to be +argued for on the distinct grounds that without it worse things would +follow: "it is even necessary for human life, and that for three +reasons." This is a purely conditional necessity, and depends entirely +on the practical effect of the three reasons cited. Were a state of +society to exist in which the three reasons could no longer be urged +seriously, then the necessity which they occasioned would also cease to +hold. In point of fact, St. Thomas was perfectly familiar with a social +group in which these conditions did not exist, and the law of individual +possession did not therefore hold, namely, the religious orders. As a +Dominican, he had defended his own Order against the attacks of those +who would have suppressed it altogether; and in his reply to William of +St. Amour he had been driven to uphold the right to common life, and +consequently to deny that private property was inalienable. + +Of course it was perfectly obvious that for St. Thomas himself the idea +of the Commune or the State owning all the land and capital, and +allowing to the individual citizens simply the use of these common +commodities, was no doubt impracticable; and the three reasons which he +gives are his sincere justification of the need of individual ownership. +Without this division of property, he considered that national life +would become even more full of contention than it was already. +Accordingly, it was for its effectiveness in preventing a great number +of quarrels that he defended the individual ownership of property. + +Besides this article, there are many other expressions and broken +phrases in which Aquinas uses the same phrase, asserting that the actual +division of property was due to human nature. "Each field considered in +itself cannot be looked upon as naturally belonging to one rather than +to another" (2, 2, 57, 3); "distinction of property is not inculcated by +nature" (1_a_, 2_ae_, 94, 5); but again he is equally clear in insisting +on the other proposition, that there is no moral law which forbids the +possession of land in severalty. "The common claim upon things is +traceable to the natural law, not because the natural law dictates that +all things should be held in common, and nothing as belonging to any +individual person, but because according to the natural law there is no +distinction of possessions which comes by human convention" (2_a_, +2_ae_, 66, 2_ad_ 1_m_.). + +To apprehend the full significance of this last remark, reference must +be made to the theories of the Roman legal writers, which have been +already explained. The law of nature was looked upon as some primitive +determination of universal acceptance, and of venerable sanction, which +sprang from the roots of man's being. This in its absolute form could +never be altered or changed; but there was besides another law which had +no such compelling power, but which rested simply on the experience of +the human race. This was reversible, for it depended on specific +conditions and stages of development. Thus nature dictated no division +of property, though it implied the necessity of some property; the need +of the division was only discovered when men set to work to live in +social intercourse. Then it was found that unless divisions were made, +existence was intolerable; and so by human convention, as St. Thomas +sometimes says, or by the law of nature, as he elsewhere expresses it, +the division into private property was agreed upon and took place. + +This elaborate statement of St. Thomas was widely accepted through all +the Middle Ages. Wycliff alone, and a few like him, ventured to oppose +it; but otherwise this extremely logical and moderate defence of +existing institutions received general adhesion. Even Scotus, like +Ockham, a brilliant Oxford scholar whose hidden tomb at Cologne finds +such few pilgrims kneeling in its shade, so hardy in his thought and so +eager to find a flaw in the arguments of Aquinas, has no alternative to +offer. Franciscan though he was, and therefore, perhaps, more likely to +favour communistic teaching, his own theory is but a repetition of what +his rival had already propounded. Thus, for example, he writes in a +typical passage: "Even supposing it as a principle of positive law that +'life must be lived peaceably in a state of polity,' it does not +straightway follow 'Therefore everyone must have separate possessions.' +For peace could be observed even if all things were in common. Nor even +if we presuppose the wickedness of those who live together is it a +necessary consequence. Still a distinction of property is decidedly in +accord with a peaceful social life. For the wicked rather take care of +their private possessions, and rather seek to appropriate to themselves +than to the community common goods. Whence come strife and contention. +Hence we find it (division of property) admitted in almost every +positive law. And although there is a fundamental principle from which +all other laws and rights spring, still from that fundamental principle +positive human laws do not follow absolutely or immediately. Rather it +is as declarations or explanations in detail of that general principle +that they come into being, and must be considered as evidently in accord +with the universal law of nature." (_Super Sententias Quaestiones_, Bk. +4, Dist. 15, q. 2. Venice, 1580.) + +Here again, then, are the same salient points we have already noticed in +the _Summa_. There is the idea clearly insisted on that the division of +property is not a first principle nor an immediate deduction from a +first principle, that in itself it is not dictated by the natural law +which leaves all things in common, that it is, however, not contrary to +natural law, but evidently in accord with it, that its necessity and its +introduction were due entirely to the actual experience of the race. + +Again, to follow the theory chronologically still farther forward, St. +Antonino, whose charitable institutions in Florence have stamped deeply +with his personality that scene of his life's labours, does little more +than repeat the words of St. Thomas, though the actual phrase in which +he here compresses many pages of argument is reproduced from a work by +the famous Franciscan moralist John de Ripa. "It is by no means right +that here upon earth fallen humanity should have all things in common, +for the world would be turned into a desert, the way to fraud and all +manner of evils would be opened, and the good would have always the +worse, and the bad always the better, and the most effective means of +destroying all peace would be established" (_Summa Moralis_, 3, 3, 2, +1). Hence he concludes that "such a community of goods never could +benefit the State." These are none other arguments than those already +advanced by St. Thomas. His articles, already quoted, are indeed the +_Locus Classicus_ for all mediaeval theorists, and, though references +in every mediaeval work on social and economic questions are freely made +to Aristotle's _Politics_, it is evident that it is really Aquinas who +is intended. + +Distinction of property, therefore, though declared so necessary for +peaceable social life, does not, for these thinkers, rest on natural +law, nor a divine law, but on positive human law under the guidance of +prudence and authority. Communism is not something evil, but rather an +ideal too lofty to be ever here realised. It implied so much generosity, +and such a vigour of public spirit, as to be utterly beyond the reach of +fallen nature. The Apostles alone could venture to live so high a life, +"for their state transcended that of every other mode of living" +(Ptolomeo of Lucca, _De Regimine Principio_, book iv., cap. 4, Parma, +1864, p. 273). However, that form of communism which entailed an +absolutely even division of all wealth among all members of the group, +though it had come to them on the authority of Phileas and Lycurgus, was +indeed to be reprobated, for it contradicted the prime feature of all +creation. God made all things in their proper number, weight, and +measure. Yet in spite of all this it must be insisted on at the risk of +repetition that the socialist theory of State ownership is never +considered unjust, never in itself contrary to the moral law. Albertus +Magnus, the master of Aquinas, and the leader in commenting on +Aristotle's _Politics_, freely asserts that community of goods "is not +impossible, especially among those who are well disciplined by the +virtue of philanthropy--that is, the common love of all; for love, of +its own nature, is generous." But to arrange it, the power of the State +must be called into play; it cannot rest on any private authority. "This +is the proper task of the legislator, for it is the duty of the +legislator to arrange everything for the best advantage of the +citizens" (_In Politicis_, ii. 2, p. 70, Lyons, 1651). Such, too, is the +teaching of St. Antonino, who even goes so far as to assert that "just +as the division of property at the beginning of historic time was made +by the authority of the State, it is evident that the same authority is +equally competent to reverse its decision and return to its earlier +social organisation" (_Summa Moralis_, ii. 3, 2, Verona, 1740, p. 182). +He lays down, indeed, a principle so broad that it is difficult to +understand where it could well end: "That can be justly determined by +the prince which is necessary for the peaceful intercourse of the +citizens." And in defence he points triumphantly to the fact that the +prince can set aside a just claim to property, and transfer it to +another who happens to hold it by prescription, on the ground of the +numerous disputes which might otherwise be occasioned. That is to say, +that the law of his time already admitted that in certain circumstances +the State could take what belonged to one and give it to another, +without there being any fault on the part of the previous owner to +justify its forfeiture; and he defends this proceeding on the axiom just +cited (_ibid._, pp. 182-3), namely, its necessity "for the peaceful +intercourse of the citizens." + +The Schoolmen can therefore be regarded as a consistent and logical +school. They had an extreme dislike to any broad generalisation, and +preferred rather, whenever the occasion could be discovered, to +distinguish rather than to concede or deny. Hence, confronted by the +communistic theory of State ownership which had been advanced by Plato, +and by a curious group of strange, heterodox teachers, and which had, +moreover, the actual support of many patristic sayings, and the strong +bias of monastic life, they set out joyfully to resolve it into the +simplest and most unassailable series of propositions. They began, +therefore, by admitting that nature made no division of property, and in +that sense held all things in common; that in the early stages of human +history, when man, as yet unfallen, was conceived as living in the +Garden of Eden in perfect innocency, common property amply satisfied his +sinless and unselfish moral character; that by the Fall lust and greed +overthrew this idyllic state, and led to a continued condition of +internecine strife, and the supremacy of might; that experience +gradually brought men to realise that their only hope towards peaceful +intercourse lay in the actual division of property, and the +establishment of a system of private ownership; that this could only be +set aside by men who were themselves perfect, or had vowed themselves to +pursue perfection, namely, Our Lord, His Apostles, and the members of +religious orders. To this list of what they held to be historic events +they added another which contained the moral deductions to be made from +these facts. This began by the assertion that private property in itself +was not in any sense contrary to the virtue of justice; that it was +entirely lawful; that it was even necessary on account of certain evil +conditions which otherwise would prevail; that the State, however, had +the right in extreme cases and for a just cause to transfer private +property from one to another; that it could, when the needs of its +citizens so demanded, reverse its primitive decision, and re-establish +its earlier form of common ownership; that this last system, however +possible, and however much it might be regretted as a vanished and lost +ideal, was decidedly now a violent and impracticable proceeding. + +These theories, it is evident, though they furnish the only arguments +which are still in use among us to support the present social +organisation, are also patent of an interpretation which might equally +lead to the very opposite conclusion. In his fear of any general +contradiction to communism which should be open to dispute, and in his +ever-constant memory of his own religious life as a Dominican friar, +Aquinas had to mark with precision to what extent and in what sense +private property could be justified. But at the same time he was forced +by the honesty of his logical training to concede what he could in +favour of the other side. He took up in this question, as in every +other, a middle course, in which neither extreme was admitted, but both +declared to contain an element of truth. It is clear, too, that his +scholastic followers, even to our own date, in their elaborate +commentaries can find no escape from the relentless logic of his +conclusions. Down the channel that he dug flowed the whole torrent of +mediaeval and modern scholasticism.[2] But for those whose minds were +practical rather than abstract, one or other proposition he advanced, +isolated from the context of his thought, could be quoted as of moment, +and backed by the greatness of his name. His assertion of the absolute +impracticable nature of socialistic organisation, as he knew it in his +own age, was too good a weapon to be neglected by those who sought about +for means of defence for their own individualistic theories; whereas +others, like the friars of whom Wycliff and Langland spoke, and who +headed bands of luckless peasants in the revolt of 1381 against the +oppression of an over-legalised feudalism, were blind to this remarkable +expression of Aquinas' opinion, and quoted him only when he declared +that "by nature all things were in common," and when he protested that +the socialist theory of itself contained nothing contrary to the +teaching of the gospel or the doctrines of the Church. + +Truth is blinding in its brilliance. Half-truths are easy to see, and +still easier to explain. Hence the full and detailed theory elaborated +by the Schoolmen has been tortured to fit first one and then another +scheme of political reform. Yet all the while its perfect adjustment of +every step in the argument remains a wonderful monument of the +intellectual delicacy and hardihood of the Schoolmen. + +FOOTNOTE: + +[2] _Cf._ Coutenson, _Theologia Mentis et Cordis_, iii. 388-389, Paris, +1875; and Billnart, _De Justitia_, i. 123-124, Liege, 1746. + + + + +CHAPTER V + +THE LAWYERS + + +Besides the Schoolmen, by whom the problems of life were viewed in the +refracted light of theology and philosophy, there was another important +class in mediaeval times which exercised itself over the same social +questions, but visaged them from an entirely different angle. This was +the great brotherhood of the law, which, whether as civil or canonical, +had its own theories of the rights of private ownership. It must be +remembered, too, that just as the theologians supported their views by +an appeal to what were considered historic facts in the origin of +property, so, too, the legalists depended for the material of their +judgment on circumstances which the common opinion of the time admitted +as authentic. + +When the West drifted out from the clouds of barbaric invasion, and had +come into calm waters, society was found to be organised on a basis of +what has been called feudalism. That is to say, the natural and +universal result of an era of conquest by a wandering people is that the +new settlers hold their possessions from the conqueror on terms +essentially contractual. The actual agreements have varied constantly in +detail, but the main principle has always been one of reciprocal rights +and duties. So at the early dawn of the Middle Ages, after the period +picturesquely styled the Wanderings of the Nations, we find the +subjugating races have encamped in Europe, and hold it by a series of +fiefs. The action, for example, of William the Norman, as plainly shown +in Domesday Book, is typical of what had for some three or four +centuries been happening here and on the Continent. Large tracts of land +were parcelled out among the invading host, and handed over to +individual barons to hold from the King on definite terms of furnishing +him with men in times of war, of administering justice within their +domains, and of assisting at his Council Board when he should stand in +need of their advice. The barons, to suit their own convenience, divided +up these territories among their own retainers on terms similar to those +by which they held their own. And thus the whole organisation of the +country was graduated from the King through the greater barons to +tenants who held their possessions, whether a castle, or a farm, or a +single hut, from another to whom they owed suit and service. + +This roughly (constantly varying, and never actually quite so absolutely +carried out) is the leading principle of feudalism. It is clearly based +upon a contract between each man and his immediate lord; but, and this +is of importance in the consideration of the feudal theory of private +property, whatever rights and duties held good were not public, but +private. There was not at the first, and in the days of what we may +call "pure feudalism," any concept of a national law or natural right, +but only a bundle of individual rights. Appeal from injustice was not +made at a supreme law-court, but only to the courts of the barons to +whom both litigants owed allegiance. The action of the King was quite +naturally always directed towards breaking open this enclosed sphere of +influence, and endeavouring to multiply the occasions on which his +officials might interfere in the courts of his subjects. Thus the idea +gradually grew up (and its growth is perhaps the most important matter +of remark in mediaeval history), by which the King's law and the King's +rights were looked upon as dominating those of individuals or groups. +The courts baron and customary, and the sokes of privileged townships +were steadily emptied of their more serious cases, and shorn of their +primitive powers. This, too, was undoubtedly the reason for the royal +interference in the courts Christian (the feudal name for the clerical +criminal court). The King looked on the Church, as he looked on his +barons and his exempted townships, as outside his royal supremacy, and, +in consequence, quarrelled over investiture and criminous clerks, and +every other point in which he had not as yet secured that his writs and +judgments should prevail. There was a whole series of courts of law +which were absolutely independent of his officers and his decision. His +restless energy throughout this period had, therefore, no other aim than +to bring all these into a line with his own, and either to capture them +for himself, or to reduce them to sheer impotence. But at the beginning +there was little notion of a royal judge who should have power to +determine cases in which barons not immediately holding their fiefs of +the King were implicated. The concern of each was only with the lord +next above him. And the whole conception of legal rights was, therefore, +considered simply as private rights. + +The growth of royal power consequently acted most curiously on +contemporary thinkers. It meant centralisation, the setting up of a +definite force which should control the whole kingdom. It resulted in +absolutism increasing, with an ever-widening sphere of royal control. It +culminated in the Reformation, which added religion to the other +departments of State in which royal interference held predominance. Till +then the Papacy, as in some sort "a foreign power," world-wide and +many-weaponed, could treat on more than equal terms with any European +monarch, and secure independence for the clergy. With the lopping off of +the national churches from the parent stem, this energising force from a +distant centre of life ceased. Each separate clerical organisation could +now depend only on its own intrinsic efficiency. For most this meant +absolute surrender. + +The civil law therefore which supplanted feudalism entailed two +seemingly contradicting principles which are of importance in +considering the ownership of land. On the one hand, the supremacy of the +King was assured. The people became more and more heavily taxed, their +lands were subjected to closer inspection, their criminal actions were +viewed less as offences against individuals than as against the peace of +the King. It is an era in which, therefore, as we have already stated, +the power of the individual sinks gradually more and more into +insignificance in comparison with the rising force of the King's +dominion. Private rights are superseded by public rights. + +Yet, on the other hand, and by the development of identically the same +principles, the individual gains. His tenure of land becomes far less a +matter of contract. He himself escapes from his feudal chief, and his +inferior tenants slip also from his control. He is no longer one in a +pyramid of grouped social organisation, but stands now as an individual +answerable only to the head of the State. He has duties still; but no +longer a personal relationship to his lord. It is the King and that +vague abstraction called the State which now claim him as a subject; and +by so doing are obliged to recognise his individual status. This new and +startling prominence of the individual disturbed the whole concept of +ownership. Originally under the influence of that pure feudalism which +nowhere existed in its absolute form, the two great forces in the life +of each member of the social group were his own and that of his +immediate lord. These fitted together into an almost indissoluble union; +and therefore absolute ownership of the soil was theoretically +impossible. Now, however, the individual was emancipated from his lord. +He was still, it is true, subject to the King, whose power might be a +great deal more oppressive than the barons' had been. But the King was +far off, whereas the baron had been near, and nearly always in full +evidence. Hence the result was the emphasis of the individual's absolute +dominion. Not, indeed, as though it excluded the dominion of the King, +but precisely because the royal predominance could only be recognised by +the effective shutting out of the interference of the lord. To exclude +the "middle-man," the King was driven to recognise the absolute dominion +of the individual over his own possessions. + +This is brought out in English law by Bracton and his school. Favourers +as they were of the royal prerogative, they were driven to take up the +paradoxical ground that the King was not the sole owner of property. To +defend the King they were obliged to dispossess him. To put his control +on its most effective basis, they had no other alternative left them +than to admit the fullest rights of the individual against the King. For +only if the individual had complete ownership, could there be no +interference on the part of the lord; only if the possessions of the +tenants were his own, were they prevented from falling under the +baronial jurisdiction. Therefore by apparently denying the royal +prerogative the civil lawyers were in effect, as they perfectly well +recognised, really extending it and enabling it to find its way into +cases and courts where it could not else well have entered. + +Seemingly, therefore, all idea of socialism or nationalisation of land +(at that date the great means of production) was now excluded. The +individualistic theory of property had suddenly appeared; and +simultaneously the old group forms, which implied collectivism in some +shape or other, ceased any longer to be recognised as systems of tenure. +Yet, at the same time, by a paradox as evident as that by which the +civilians exalted the royal prerogative apparently at its own expense, +or as that by which Wycliff's communism is found to be in reality a +justification of the policy of leaving things as they are, while St. +Thomas's theory of property is discovered as far less oppressive and +more adaptable to progressive developments of national wealth, it is +noticed that, from the point of view of the socialist, monarchical +absolutism is the most favourable form of a State's constitution. For +wherever a very strictly centralised system of government exists, it is +clear that a machinery, which needs little to turn it to the advantage +of the absolute rule of a rebellious minority, has been already +constructed. In a country where, on the other hand, local government has +been enormously encouraged, it is obviously far more difficult for +socialism to force an entrance into each little group. There are all +sorts of local conditions to be squared, vagaries of law and +administration to be reduced to order, connecting bridges to be thrown +from one portion of the nation to the next, so as to form of it one +single whole. Were the socialists of to-day to seize on the machinery of +government in Germany and Russia, they could attain their purposes +easily and smoothly, and little difference in constitutional forms would +be observed in these countries, for already the theory of State +ownership and State interference actually obtains. They would only have +to substitute a _bloc_ for a man. But in France and England, where the +centralisation is far less complete, the success of the socialistic +party and its achievement of supreme power would mean an almost entire +subversal of all established methods of administration, for all the +threads would have first to be gathered into a single hand. + +Consequently feudalism, which turned the landowners into petty +sovereigns and insisted on local courts, &c., though seemingly +communistic or socialistic, was really, from its intense local +colouring, far less easy of capture by those who favoured State +interference. It was individualistic, based on private rights. But the +new royal prerogative led the way to the consideration of the evident +ease by which, once the machine was possessed, the rest of the system +could without difficulty be brought into harmony with the new theories. +To make use of comparison, it was Cardinal Wolsey's assumption of full +legatine power by permission of the Pope which first suggested to Henry +VIII that he could dispense with His Holiness altogether. He saw that +the Cardinal wielded both spiritual and temporal jurisdiction. He +coveted his minister's position, and eventually achieved it by ousting +both Clement and Wolsey, who had unwittingly shown him in which way more +power lay. + +So, similarly, the royal despotism itself, by centralising all power +into the hands of a single prince, accustomed men to the idea of the +absolute supremacy of national law, drove out of the field every +defender of the rights of minorities, and thus paved the way for the +substitution of the people for itself. The French Revolution was the +logical conclusion to be drawn from the theories of Louis XIV. It needed +only the fire of Rousseau to burn out the adventitious ornamentation +which in the shape of that monarch's personal glorification still +prevented the naked structure from being seen in all its clearness. +_L'Etat c'est moi_ can be as aptly the watchword of a despotic +oligarchy, or a levelling socialism, as of a kingly tyranny, according +as it passes from the lips of the one to the few or the many. It is true +that the last phase was not completed till long after the Middle Ages +had closed, but the tendency towards it is evident in the teachings of +the civil lawyers. + + +Thus, for example, State absolutism is visible in the various +suggestions made by men like Pierre du Bois and Wycliff (who, in the +expression of their thoughts, are both rather lawyers than schoolmen) to +dispossess the clergy of their temporalities. The principles urged, for +instance, by these two in justification of this spoliation could be +applied equally well to the estates of laymen. For the same principles +put into the King's hand the undetermined power of doing what was +necessary for the well-being of the State. It is true that Pierre du +Bois (_De Recuperatione Terre Sancte_, pp. 39-41, 115-8) asserted that +the royal authority was limited to deal in this way with Church lands, +and could not touch what belonged to others. But this proviso was +obviously inserted so arbitrarily that its logical force could not have +had any effect. Political necessity alone prevented it from being used +against the nobility and gentry. + +Ockham, however, the clever Oxford Franciscan, who formed one of the +group of pamphleteers that defended Louis of Bavaria against Pope John +XXII, quite clearly enlarged the grounds for Church disendowment so as +to include the taking over by the State of all individual property. He +was a thinker whose theories were strangely compounded of absolutism and +democracy. The Emperor was to be supported because his autocracy came +from the people. Hence, when Ockham is arguing about ecclesiastical +wealth, and the way in which it could be quite fairly confiscated by the +Government, he enters into a discussion about the origin of the imperial +dignity. This, he declares, was deliberately handed over by the people +to the Emperor. To escape making the Pope the original donor of the +imperial title, Ockham concedes that privilege to the people. It was +they, the people, who had handed over to the Caesars of the Holy Roman +Empire all their own rights and powers. Hence Louis was a monarch whose +absolutism rested on a popular basis. Then he proceeds in his argument +to say that the human positive law by which private property was +introduced was made by the people themselves, and that the right or +power by which this was done was transferred by them to the Emperor +along with the imperial dignity. + +Louis, therefore, had the same right to undo what they had done, for in +him all their powers now resided. This, of course, formed an excellent +principle from which to argue to his right to dispossess the Church of +its superfluous wealth--indeed of all its wealth. But it could prove +equally effectual against the holding by the individual of any property +whatever. It made, in effect, private ownership rest on the will of the +prince. + +Curiously, too, in quite another direction the same form of argument had +been already worked out by Nicole Oresme, a famous Bishop of Lisieux, +who first translated into French the _Politics_ of Aristotle, and who +helped so largely in the reforms of Charles V of France. His great work +was in connection with the revision of the coinage, on which he composed +a celebrated treatise. He held that the change of the value of money, +either by its deliberate depreciation, or by its being brought back to +its earlier standard of face value, carried such widespread consequences +that the people should most certainly be consulted on it. It was not +fair to them to take such a step without their willing co-operation. Yet +he admits fully that, though this is the wiser and juster way of acting, +there was no absolute need for so doing, since all possession and all +property sprang from the King. And this last conclusion was advocated by +his rival, Philip de Meziers, whose advice Charles ultimately followed. +Philip taught that the king was sole judge of whatever was for public +use. + +But there was a further point in the same question which afforded matter +for an interesting discussion among the lawyers. Pope Innocent IV, who +had first been famous as a canonist, and retained as Pontiff his old +love for disputations of this kind, developed a theory of his own on the +relation between the right of the individual to possess and the right +of the State over that possession. He distinguished carefully between +two entirely different concepts, namely, the right and its exercise. The +first he admitted to be sacred and inviolable, because it sprang from +the very nature of man. It could not be disturbed or in any way +molested; the State had therefore no power to interfere with the right. +But he suggested that the exercise of that right, or, to use his actual +phrase, the "actions in accord with that right," rested on the basis of +civil, positive law, and could therefore be controlled by legal +decisions. The right was sacred, its exercise was purely conventional. +Thus every man has a right to property; he can never by any possible +means divest himself of it, for it is rooted in the depths of his being, +and supported by his human nature. But this right appears especially to +be something internal, intrinsic. For him to exercise it--that is to +say, to hold this land or that, or indeed any land at all--the State's +intervention must be secured. At least the State can control his action +in buying, selling, or otherwise obtaining it. His right cannot be +denied, but for reasons of social importance its exercise well may be. +Nor did this then appear as a merely unmeaning distinction; he would not +admit that a right which could not be exercised was hardly worth +consideration. And, in point of fact, the Pope's private theory found +very many supporters. + +There were others, however, who judged it altogether too fantastical. +The most interesting of his opponents was a certain Antonio Roselli, a +very judiciously-minded civil lawyer, who goes very thoroughly into the +point at issue. He gives Innocent's views, and quotes what authority he +can find for them in the Digest and Decretals. But for himself he would +prefer to admit that the right to private property is not at all sacred +or natural in the sense of being inviolable. He willingly concedes to +the State the right to judge all claims of possession. This is the more +startling since ordinarily his views are extremely moderate, and +throughout the controversy between Pope and Emperor he succeeded in +steering a very careful, delicate course. To him, however, all rights to +property were purely civil and arguable only on principles of positive +law. There was no need, therefore, to discriminate between the right and +its exercise, for both equally could be controlled by the State. There +are evidences to show that he admitted the right of each man to the +support of his own life, and, therefore, to private property in the form +of actual food, &c., necessary for the immediate moment; but he +distinctly asserts as his own personal idea that "the prince could take +away my right to a thing, and any exercise of that right," adding only +that for this there must be some cause. The prince cannot arbitrarily +confiscate property; he must have some reasonable motive of sufficient +gravity to outweigh the social inconveniences which confiscation would +necessarily produce. Not every cause is a sufficient one, but those only +which concern "public liberty or utility." Hence he decides that the +Pope cannot alienate Church lands without some justifying reason, nor +hand them over to the prince unless there happens to be an urgent need, +springing from national circumstances. It does not follow, however, that +he wishes to make over to the State absolute right to individual +property under normal conditions. The individual has the sole dominion +over his own possessions; that dominion reverts to the State only in +some extreme instance. His treatise, therefore (Goldast, _De Monarchia_, +1611-1614, Hanover, p. 462, &c.), may be looked upon as summing up the +controversy as it then stood. The legal distinction suggested by +Innocent IV had been given up by the lawyers as insufficient. The +theories of Du Bois, Wycliff, Ockham, and the others had ceased to have +much significance, because they gave the royal power far too absolute a +jurisdiction over the possessions of its subjects. The feudal +contractual system, which these suggested reforms had intended to drive +out, had failed for entirely different reasons, and could evidently be +brought back only at the price of a complete and probably unsuccessful +disturbance of the social and economic organisation. The centralisation +which had risen on the ruins of the older local sovereignties and +immunities, had brought with it an emphasised recognition of the public +rights and duties of all subjects, and had at the same time confirmed +the individual in the ownership of his little property, and given him at +the last not a conditional, but an absolute possession. To safeguard +this, and to prevent it from becoming a block in public life, a factor +of discontent, the lawyers were engaged in framing an additional clause +which should give to the State an ultimate jurisdiction, and would +enable it to overrule any objections on the part of the individual to a +national policy or law. The suggested distinction that the word "right" +should be emptied of its deeper meaning, by refusing it the further +significance of "exercise," was too subtle and too legal to obtain much +public support. So that the lawyers were driven to admit that for a just +cause the very right itself could be set aside, and every private +possession (when public utility and liberty demanded it) confiscated or +transferred to another. + +Even the right to compensation for such confiscation was with equal +cleverness explained away. For it was held that, when an individual had +lost his property through State action, and without his having done +anything to deserve it as a punishment, compensation could be claimed. +But whenever a whole people or nation was dispossessed by the State, +there was no such right at all to any indemnity. + +Thus was the wholesale adoption of land-nationalism to be justified. +Thus could the State capture all private possessions without any fear of +being guilty of robbery. It was considered that it was only the +oppression of the individual and class spoliation which really +contravened the moral law. + +The legal theories, therefore, which supplanted the old feudal concepts +were based on the extension of royal authority, and the establishment of +public rights. Individualistic possession was emphasised; yet the +simultaneous setting up of the absolute monarchies of the sixteenth +century really made their ultimate capture by the Socialist party more +possible. + + + + +CHAPTER VI + +THE SOCIAL REFORMERS + + +It may seem strange to class social reforms under the wider heading of +Socialistic Theories, and the only justification for doing so is that +which we have already put forward in defence of the whole book; namely, +that the term "socialistic" has come to bear so broad an interpretation +as to include a great deal that does not strictly belong to it. And it +is only on the ground of their advocating State interference in the +furtherance of their reforms that the reformers here mentioned can be +spoken of as socialistic. + +Of course there have been reformers in every age who came to bring to +society their own personal measures of relief. But in the Middle Ages +hardly a writer took pen in hand who did not note in the body politic +some illness, and suggest some remedy. Howsoever abstruse might be the +subject of the volume, there was almost sure to be a reference to +economic or social life. It was not an epoch of specialists such as is +ours. Each author composed treatises in almost every branch of learning. +The same professor, according to mediaeval notions, might lecture to-day +on Scripture, to-morrow on theology or philosophy, and the day after on +natural science. For them a university was a place where each student +learnt, and each professor taught, universal knowledge. Still from time +to time men came to the front with some definite social message to be +delivered to their own generation. Some were poets like Langland, some +strike-leaders like John Ball, some religious enthusiasts like John +Wycliff, some royal officials like Pierre du Bois. + +This latter in his famous work addressed to King Edward I of England +(_De Recuperatione Sancte Terre_), has several most interesting and +refreshing chapters on the education of women. His bias is always +against religious orders, and, consequently, he favours the suppression +of almost every conventual establishment. Still, as these were at his +own date the only places where education could be considered to exist at +all, he had to elaborate for himself a plan for the proper instruction +of girls. First, of course, the nunneries must be confiscated by +Government. For him this was no act of injustice, since he regarded the +possessions of the whole clerical body as something outside the ordinary +laws of property. But having in this way cleared the ground of all +rivals, and captured some magnificent buildings, he can now go forward +in his scheme of education. He insists on having only lay-mistresses, +and prescribes the course of study which these are to teach. There +should be, he held, many lectures on literature, and music, and poetry, +and the arts and crafts of home life. Embroidery and home-management are +necessities for the woman's work in after years, so they must be +acquired in these schools. But education cannot limit itself to these +branches of useful knowledge. It must take the woman's intelligence and +develop that as skilfully as it does the man's. She is not inferior to +him in power of reason, but only in her want of its right cultivation. +Hence the new schools are to train her to equal man in all the arts of +peace. Such is the main point in his programme, which even now sounds +too progressive for the majority of our educational critics. He appeals +for State interference that the colleges may be endowed out of the +revenues of the religious houses, and that they may be supported in such +a fashion as would always keep them abreast of the growing science of +the times. And when, after a schooling of such a kind as this, the girls +go out into their life-work as wives and mothers, he would wish them a +more complete equality with their men-folk than custom then allowed. The +spirit of freedom which is felt working through all his papers makes him +the apostle of what would now be called the "new woman." + +After him, there comes a lull in reforming ideas. But half a century +later occurs a very curious and sudden outburst of rebellion all over +Europe. From about the middle of the fourteenth century to the early +fifteenth there seemed to be an epidemic of severe social unrest. There +were at Paris, which has always been the nursery of revolutions, four +separate risings. Etienne Marcel, who, however, was rather a tribune of +the people than a revolutionary leader, came into prominence in 1355; +he was followed by the Jacquerie in 1358, by the Maillotins in 1382, and +the Cabochiens in 1411. In Rome we know of Rienzi in 1347, who +eventually became hardly more than a popular demagogue; in Florence +there was the outbreak of Ciompi in 1378; in Bohemia the excesses of +Taborites in 1409; in England the Peasant Revolt of 1381. + +It is perfectly obvious that a series of social disturbances of this +nature could not leave the economic literature of the succeeding period +quite as placid as it had found it. We notice now that, putting away +questions of mere academic character, the thinkers and writers concern +themselves with the actual state of the people. Parliament has its +answer to the problem in a long list of statutes intended to muzzle the +turbulent and restless revolutionaries. But this could not satisfy men +who set their thought to study the lives and circumstances of their +fellow-citizens. Consequently, as a result, we can notice the rise of a +school of writers who interest themselves above all things in the +economic conditions of labour. Of this school the easiest exponent to +describe is Antonino of Florence, Archbishop and canonised saint. His +four great volumes on the exposition of the moral law are fascinating as +much for the quotations of other moralists which they contain, as for +the actual theories of the saint himself. For the Archbishop cites on +almost every page contemporary after contemporary who had had his say on +the same problems. He openly asserts that he has read widely, taken +notes of all his reading, has deliberately formed his opinions on the +judgments, reasoned or merely expressed, of his authors. To read his +books, then, is to realise that Antonino is summing up the whole +experience of his generation. Indeed he was particularly well placed for +one who wished for information. Florence, then at the height of its +renown under the brilliant despotism of Cosimo dei Medici, was the scene +where the great events of the life of Antonino took place. There he had +seen within the city walls, three Popes, a Patriarch of Constantinople, +the Emperors of East and West, and the most eminent men of both +civilisations. He had taken part in a General Council of the Church, and +knew thinkers as widely divergent as Giovanni Dominici and AEneas Sylvius +Piccolomini. He was, therefore, more likely than most to have heard +whatever theories were proposed by the various great political statesmen +of Europe, whether they were churchmen or lawyers. Consequently, his +schemes, as we might well expect, are startlingly advanced. + +He begins by attacking the growing spirit of usury, and the resulting +idleness. Men were finding out that under the new conditions which +governed the money market it was possible to make a fortune without +having done a day's work. The sons of the aristocracy of Florence, which +was built up of merchant princes, and which had amassed its own fortunes +in honest trading, had been tempted by the bankers to put their wealth +out to interest, and to live on the surplus profit. The ease and +security with which this could be done made it a popular investment, +especially among the young men of fashion who came in, simply by +inheritance, for large sums of money. As a consequence Florence found +itself, for the first time in its history, beginning to possess a +wealthy class of men who had never themselves engaged in any profession. +The old reverence, therefore, which had always existed in the city for +the man who laboured in his art or guild, began to slacken. No longer +was there the same eagerness noticeable which used to boast openly that +its rewards consisted in the consciousness of work well done. Instead, +idleness became the badge of gentility, and trade a slur upon a man's +reputation. No city can long survive so listless and languid an ideal. +The Archbishop, therefore, denounced this new method of usurious +traffic, and hinted further that to it was due the fierce rebellion +which had for a while plunged Florence into the horrors of the +Jacquerie. Wealth, he taught, should not of itself breed wealth, but +only through the toil of honest labour, and that labour should be the +labour of oneself, not of another. + +Then he proceeded to argue that as upon the husband lies the labour of +trade, the greater portion of his day must necessarily be passed outside +the circle of family life. The breadwinner can attend neither to works +of piety nor of charity in the way he should, and, consequently, to his +wife it must be left to supply for his defects. She must take his place +in the church, and amid the slums of the poor; she must for him and his +lift her hands in prayer, and dispense his superfluous wealth in +succouring the poverty-stricken. For the Archbishop will have none of +the soothing doctrine which the millionaire preaches to the mob. He +asserts that poverty is not a good thing; in itself it is an evil, and +can be considered to lead only accidentally to any good. When, +therefore, it assumes the form of destitution, every effort must be made +to banish it from the State. For if it were to become at all prevalent +in a nation, then would that people be on the pathway to its ruin. The +politicians should therefore make it the end of their endeavours--though +this, it may be, is an ideal which can never be fully brought to +realisation--to leave each man in a state of sufficiency. No one, for +whatever reason, should be allowed to become destitute. Even should it +be by his own fault that he were brought low, he must be provided for by +the State, which has, however, in these circumstances, at the same time, +the duty of punishing him. + +But he remarks that the cause of poverty is more often the unjust rate +of wages. The competition even of those days made men beat each other +down in clamouring for work to be given them, and afforded to the +employers an opportunity of taking workers who willingly accepted an +inadequate scale of remuneration. This state of things he considered to +be unjustifiable and unjust. No one had any right to make profit out of +the wretchedness of the poor. Each human being had the duty of +supporting his own life, and this he could not do except by the hiring +of his own labour to another. That other, therefore, by the immutable +laws of justice, when he used the powers of his fellow-man, was obliged +in conscience to see that those powers could be fittingly sustained by +the commodity which he exchanged for them. That is, the employer was +bound to take note that his employees received such return for their +labour as should compensate them for his use of it. The payment promised +and given should be, in other words, what we would now speak of as a +"living wage." But further, above this mere margin, additional rewards +should be added according to the skill of the workman, or the dangerous +nature of his employment, or the number of his children. The wages also +should be paid promptly, without delay. + +But it may sometimes happen that the labour which a man can contribute +is not of such a kind as will enable him to receive the fair +remuneration that should suffice for his bodily comfort. The saint is +thinking of boy-labour, and the case of those too enfeebled by age or +illness to work adequately, or perhaps at all. What is to be done for +them? Let the State look to it, is his reply. The community must, by the +law of its own existence, support all its members, and out of its +superfluous wealth must provide for its weaker citizens. Those, +therefore, who can labour harder than they need, or who already possess +more riches than suffice for them, are obliged by the natural law of +charity to give to those less favourably circumstanced than themselves. + +St. Antonino does not, therefore, pretend to advocate any system of +rigid equality among men. There is bound to be, in his opinion, variety +among them, and from this variety comes indeed the harmony of the +universe. For some are born to rule, and others, by the feebleness of +their understanding or of their will, are fitted only to obey. The +workman and servant must faithfully discharge the duties of their trade +or service, be quick to receive a command, and reverent in their +obedience. And the masters, in their turn, must be forbearing in their +language, generous in their remuneration, and temperate in their +commands. It is their business to study the powers of each of those whom +they employ, and to measure out the work to each one according to the +capacity which is discoverable in him. When a faithful labourer has +become ill, the employer must himself tend and care for him, and be in +no hurry to send him to a hospital. + +About the hospitals themselves he has his own ideas, or at least he has +picked out the sanest that he can find in the books and conversation of +people whom he has come across. He insists strongly that women should, +as matrons and nurses, manage those institutions which are solely for +the benefit of women; and even in those where men also are received, he +can see no incompatibility in their being administered by these same +capable directors. He much commends the custom of chemists in Florence +on Sundays, feast-days, and holidays of opening their dispensaries in +turn. So that even should all the other shops be closed, there would +always be one place open where medicines and drugs could be obtained in +an emergency. + +The education of the citizens, too, is another work which the State must +consider. It is not something merely optional which is to be left to the +judgment of the parent. The Archbishop holds that its proper +organisation is the duty of the prince. Education, in his eyes, means +that the children must be taught the knowledge of God, of letters, and +of the arts and crafts they are to pursue in after life. + +Again, he has thought out the theory of taxation. He admits its +necessity. The State is obliged to perform certain duties for the +community. It is obliged, for example, to make its roads fit for +travelling, and so render them passable for the transfer of merchandise. +It is bound to clear away all brigandage, highway robbery, and the like, +for were this not done, no merchant would venture out through that +State's territory, and its people would accordingly suffer. + +Hence, again, he deduces the need for some sort of army, so that the +goods of the citizens may be secured against the invader, for without +this security there would be no stimulus to trade. Bridges must be +built, and fords kept in repair. Since, therefore, the State is obliged +to incur expenses in order to attain these objects, the State has the +right, and indeed the duty, to order it so that the community shall pay +for the benefits which it is to receive. Hence follows taxation. + +But he sees at once that this power of demanding forced contributions +from wealthy members of society needs safeguarding against abuse. Thus +he is careful to insist that taxation can be valid only when it is +levied by public authority, else it becomes sheer brigandage. No less is +it to be reprobated when ordered indeed by public authority, but not +used for public benefit. Thus, should it happen that a prince or other +ruler of a State extorted money from his subjects on pretence of keeping +the roads in good order, or similar works for the advantage of the +community, and yet neglected to put the contributions of his people to +this use, he would be defrauding the public, and guilty of treason +against his country. So, too, to lay heavier burdens on his subjects +than they could bear, or to graduate the scale in such a fashion as to +weigh more heavily on one class than another, would be, in the ruler, an +aggravated form of theft. Taxation must therefore be decreed by public +authority, and be arranged according to some reasonable measure, and +rest on the motive of benefiting the social organisation. + +The citizens therefore who are elected to settle the incidence of +taxation must be careful to take account of the income of each man, and +so manage that on no one should the burden be too oppressive. He +suggests himself the percentage of one pound per hundred. Nor, again, +must there be any deliberate attempt to penalise political opponents, or +to make use of taxation in order to avenge class-oppression. Were this +to be done, the citizens so acting would be bound to make restitution to +the persons whom they had thus injured. + +Then St. Antonino takes the case of those who make a false declaration +of their income. These, too, he convicts of injustice, and requires of +them that they also should make restitution, but to the State. An +exception to this, however, he allows. For if it happens to be the +custom for each to make a declaration of income which is obviously below +the real amount, then simply because all do it and all are known to do +it, there is no obligation for the individual to act differently from +his neighbours. It is not injustice, for the law evidently recognises +the practice. And were he, on the other hand, to announce his full +yearly wage of earnings, he would allow himself to be taxed beyond the +proper measure of value. But to refuse to pay, or to elude by some +subterfuge the just contribution which a man owes of his wealth to the +easing of the public burdens, is in the eyes of the Archbishop a crime +against the State. It would be an act of injustice, of theft, all the +more heinous in that, as he declares with a flash of the energy of +Rousseau, the "common good is something almost divine." + +We have dwelt rather at length on the schemes of this one economist, and +may seem, therefore, to have overlooked the writings of others equally +full of interest. But the reason has been because this Florentine +moralist does stand so perfectly for a whole school. He has read +omnivorously, and has but selected most of his thoughts. He compares +himself, indeed, in one passage of these volumes, to the laborious ant, +"that tiny insect which wanders here and there, and gathers together +what it thinks to be of use to its community." He represents a whole +school, and represents it at its best, for there is no extreme dogmatism +in him, no arguing from grounds that are purely arbitrary, or from _a +priori_ principles. It is his knowledge of the people among whom he had +laboured so long which fits him to speak of the real sufferings of the +poor. But experience requires for its being effectually put to the best +advantage, that it should be wielded by one whose judgment is sober and +careful. Now, St. Antonino was known in his own day as Antonino the +Counsellor; and his justly-balanced decision, his delicately-poised +advice, the straightness of his insight, are noticeable in the masterly +way in which he sums up all the best that earlier and contemporary +writers had devised in the domain of social economics. + +There is, just at the close of the period with which this book deals, a +rising school of reformers who can be grouped round More's _Utopia_. +Some foreshadowed him, and others continued his speculations. Men like +Harrington in his _Oceana_, and Milton in his _Areopagitica_, really +belong to the same band; but life for them had changed very greatly, and +already become something far more complex than the earlier writers had +had to consider. There seemed no possibility of reforming it by the +simple justice which St. Antonino and his fellows judged to be +sufficient to set things back again as they had been in the Golden Age. +The new writers are rather political than social. For them, as for the +Greeks, it is the constitution which must be repaired. Whereas the +mediaeval socialists thought, as St. Thomas indeed never wearied of +repeating, that unrest and discontent would continue under any form of +government whatever. The more each city changed its constitution, the +more it remained the same. Florence, whether under a republic or a +despotism, was equally happy and equally sad. For it was the spirit of +government alone which, in the eyes of the scholastic social writers, +made the State what it happened to be. + +In this the modern sociologist of to-day finds himself more akin with +the mediaeval thinkers than with the idealists of the parliamentary era +in England, or of the Revolution in France. These fixed their hopes on +definite organisations of government, and on the exact balance of +executive and legislative powers. But for Scotus, and Wycliff, and St. +Antonino, the cause of the evil is far deeper and more personal. Not in +any form of the constitution, nor in any division of ruling authority, +nor in its union under a firm despot, nor in the divine right of kings, +or nobles, or people, was security to be found, or the well-ordering of +the nation. But peace and rest from faction could be achieved with +certainty only on the conditions of strict justice between man and man, +on the observance of God's commandments. + + + + +CHAPTER VII + +THE THEORY OF ALMSGIVING + + +Any description of mediaeval socialistic ideals which contained no +reference to mediaeval notions of almsgiving would not be complete. +Almsgiving was for them a necessary corollary to their theories of +private possession. In the passage already quoted from St. Thomas +Aquinas (p. 45), wherein he sets forth the theological aspect of +property, he makes use of a broad distinction between what he calls "the +power of procuring and dispensing" exterior things and "the use of +them." We have already at some length tried to show what economists then +meant by this first "power." Now we must establish the significance of +what they intended by the second. And to do this the more clearly it +will be as well to repeat the words in which St. Thomas briefly notes +it: "The other office which is man's concerning exterior things is the +use of them; and with regard to this a man ought not to hold exterior +things as his own, but as common to all, that he may portion them out +readily to others in time of need." + +In this sentence is summed up the whole mediaeval concept of the law of +almsdeeds. Private property is allowed--is, in fact, necessary for human +life--but on certain conditions. These imply that the possession of +property belongs to the individual, but also that the use of it is not +limited to him. The property is private, the use should be common. +Indeed, it is only this common enjoyment which at all justifies private +possession. It was as obvious then as now that there were inequalities +in life, that one man was born to ease or wealth, or a great name, +whereas another came into existence without any of these advantages, +perhaps even hampered by positive disadvantages. Henry of Langenstein +(1325-1397) in his famous _Tractatus de Contractibus_ (published among +the works of Gerson at Cologne, 1484, tom. iv. fol. 188), draws out this +variety of fortune and misfortune in a very detailed fashion, and puts +before his reader example after example of what they were then likely to +have seen. But all the while he has his reason for so doing. He +acknowledges the fact, and proceeds from it to build up his own +explanation of it. The world is filled with all these men in their +differing circumstances. Now, to make life possible for them, he asserts +that private property is necessary. He is very energetic in his +insistence upon that point. Without private property he thinks that +there will be continual strife in which might, and not right, will have +the greater probability of success. But simultaneously, and as a +corrective to the evils which private property of itself would cause +there should be added to it the condition of common use. That is to say, +that although I own what is mine, yet I should put no obstacle in the +way of its reasonable use by others. This is, of course, really the +ideal of Aristotle in his book of _Politics_, when he makes his reply to +Plato's communism. In Plato's judgment, the republic should be governed +in the reverse way, _Common property and private use_; he would really +make this, which is a feature of monastic life, compulsory on all. But +Aristotle, looking out on the world, an observer of human nature, a +student of the human heart, sets up as more feasible, more practical, +the phrase which the Middle Ages repeat, _Private property and common +use_. The economics of a religious house are hardly of such a kind, +thought the mediaevalists, as to suit the ways and fancies of this +workaday world. + +But the Middle Ages do not simply repeat, they Christianise Aristotle. +They are dominated by his categories of thought, but they perfect them +in the light of the New Dispensation. Faith is added to politics, love +of the brotherhood is made to extend the mere brutality of the +economists' teaching. In "common use" they find the philosophic name for +"almsdeeds." "A man ought not to hold exterior things as his own, but as +common to all, that he may portion them out readily to others in time of +need." This sentence, an almost literal translation from the _Book of +Politics_, takes on a fuller meaning and is softened by the +unselfishness of Christ when it is found in the _Summa Theologica_ of +Aquinas. + +Let us take boldly the passage from St. Thomas in which he lays down the +law of almsgiving. + +(2_a_, 2_ae_, 32, 5.) "Since love of one's neighbour is commanded us, it +follows that everything without which that love cannot be preserved, is +also commanded us. But it is essential to the love of one's neighbour, +not merely to wish him well, but to act well towards him; as says St. +John (1 Ep. 3), 'Let us not love in word nor in tongue, but in deed and +in truth.' But to wish and to act well towards anyone implies that we +should succour him when he is in need, and this is done by almsgiving. +Hence almsgiving is a matter of precept. But because precepts are given +in things that concern virtuous living, the almsgiving here referred to +must be of such a kind as shall promote virtuous living. That is to say, +it must be consonant with right reason; and this in turn implies a +twofold consideration, namely, from the point of view of the giver, and +from that of the receiver. As regards the giver, it must be noted that +what is given should not be necessary to him, as says St. Luke 'That +which is superfluous, give in alms.' And by 'not necessary' I mean not +only to himself (_i.e._ what is over and above his individual needs), +but to those who depend on him. For a man must first provide for himself +and those of whom he has the care, and can then succour such of the rest +as are necessitous--that is, such as are without what their personal +needs entail. For so, too, nature provides that nutrition should be +communicated first to the body, and only secondly to that which is to be +begotten of it. As regards the receiver, it is required that he should +really be in need, else there is no reason for alms being given him. But +since it is impossible for one man to succour all who are in need, he is +only under obligation to help such as cannot otherwise be provided for. +For in this case the words of Ambrose become applicable: 'Feed them +that are dying of starvation, else shall you be held their murderer.' +Hence it is a matter of precept to give alms to whosoever is in extreme +necessity. But in other cases (namely, where the necessity is not +extreme) almsgiving is simply a counsel, and not a command." + +(_Ad_ 2_m._) "Temporal goods which are given a man by God are his as +regards their possession, but as regards their use, if they should be +superfluous to him, they belong also to others who may be provided for +out of them. Hence St. Basil says: 'If you admit that God gave these +temporal goods to you, is God unjust in thus unequally distributing His +favours? Why should you abound, and another be forced to beg, unless it +is intended thereby that you should merit by your generosity, and he by +his patience? For it is the bread of the starving that you cling to; it +is the clothes of the naked that hang locked in your wardrobe; it is the +shoes of the barefooted that are ranged in your room; it is the silver +of the needy that you hoard. For you are injuring whoever is in want.' +And Ambrose repeats the same thing." + +Here it will be noticed that we find the real meaning of those words +about a man's duty of portioning out readily to another's use what +belongs to himself. It is the correlative to the right to private +property. + +But a second quotation must be made from another passage closely +following on the preceding: + +"There is a time when to withhold alms is to commit mortal sin. Namely, +when on the part of the receiver there is evident and urgent necessity, +and he does not seem likely to be provided for otherwise, and when on +the part of the giver he has superfluities of which he has not any +probable immediate need. Nor should the future be in question, for this +would be looking to the morrow, which the Master has forbidden (Matt. +6)." + +(_Ibid._, 32, 6.) "But 'superfluous' and 'necessity' are to be +interpreted according to their most probable and generally accepted +meaning. 'Necessary' has two meanings. First, it implies something +without which a thing cannot exist. Interpreted in this sense, a man has +no business to give alms out of what is necessary to him; for example, +if a man has only enough wherewith to feed himself and his sons or +others dependent on him. For to give alms out of this would be to +deprive himself and his of very life, unless it were indeed for the sake +of prolonging the life of someone of extreme importance to Church and +State. In that case it might be praiseworthy to expose his life and the +lives of others to grave risk, for the common good is to be preferred to +our own private interests. Secondly, 'necessary' may mean that without +which a person cannot be considered to uphold becomingly his proper +station, and that of those dependent on him. The exact measure of this +necessity cannot be very precisely determined, as to how far things +added may be beyond the necessity of his station, or things taken away +be below it. To give alms, therefore, out of these is a matter not of +precept, but of counsel. For it would not be right to give alms out of +these, so as to help others, and thereby be rendered unable to fulfil +the obligations of his state of life. For no one should live +unbecomingly. Three exceptions, however, should be made. First, when a +man wishes to change his state of life. Thus it would be an act of +perfect virtue if a man, for the purpose of entering a religious order, +distributed to the poor for Christ's sake all that he possessed. +Secondly, when a man gives alms out of what is necessary for his state +of life, and yet does so knowing that they can very easily be supplied +to him again without much personal inconvenience. Thirdly, when some +private person, still more when the State itself, is in the gravest +need. In these cases it would be most praiseworthy for a man to give +what seemingly was required for the upkeep of his station in life in +order to provide against some far greater need." + +From these passages it will be possible to construct the theory in vogue +during the whole of the Middle Ages. The landholder was considered to +possess his property on a system of feudal tenure, and to be obliged +thereby to certain acts of suit and service to his immediate lord, or +eventually to the King. But besides these burdens which the +responsibility of possession entailed, there were others incumbent on +him, because of his brotherhood with all Christian folk. He owed a debt, +not merely to his superiors, but also to his equals. Such was the +interpretation of Christ's commandment which the mediaeval theologians +adopted. With one voice they declare that to give away to the needy what +is superfluous is no act of charity, but of justice. St. Jerome's words +were often quoted: "If thou hast more than is necessary for thy food and +clothing, give that away, and consider that in thus acting thou art but +paying a debt" (Epist. 50 ad Edilia q. i.); and those others of St. +Augustine, "When superfluities are retained, it is the property of +others which is retained" (in Psalm 147). These and like sayings of the +Fathers constitute the texts on which the moral economic doctrine of +what is called the Scholastic School is based. Albertus Magnus (vol. iv. +in Sent. 4, 14, p. 277, Lyons, 1651) puts to himself the question +whether to give alms is a matter of justice or of charity, and the +answer which he makes is compressed finally into this sentence: "For a +man to give out of his superfluities is a mere act of justice, because +he is rather the steward of them for the poor than the owner." St. +Thomas Aquinas is equally explicit, as another short sentence shall show +(2_a_, 2_ae_, 66, 2, _ad_ 3_m_): "When Ambrose says 'Let no one call his +own that which is common property,' he is referring to the use of +property. Hence he adds: 'Whatever a man possesses above what is +necessary for his sufficient comfort, he holds by violence.'" And the +same view could be backed by quotations from Henry of Ghent, Duns +Scotus, St. Bonaventure, the sermons of Wycliff, and almost every writer +of any consequence in that age. + +Perhaps to us this decided tone may appear remarkable, and even +ill-considered. But it is evident that the whole trouble lies in the +precise meaning to be attached to the expressions "superfluous" and +"needy." And here, where we feel most of all the need of guidance, it +must be confessed that few authors venture to speak with much +definiteness. The instance, indeed, of a man placed in extreme +necessity, all quote and explain in nearly identical language. Should +anyone be reduced to these last circumstances, so as to be without means +of subsistence or sufficient wealth to acquire them, he may, in fact +must, take from anywhere whatever suffices for his immediate +requirements. If he begs for the necessities of life, they cannot be +withheld from him. Nor is the expression "necessities of life" to be +interpreted too nicely. Says Albertus Magnus: "I mean by necessary not +that without which he cannot live, but that also without which he cannot +maintain his household, or exercise the duties proper to his condition" +(_loc. cit._, art. 16, p. 280). This is a very generous interpretation +of the phrase, but it is the one pretty generally given by all the chief +writers of that period. Of course they saw at once that there were +practical difficulties in the way of such a manner of acting. How was it +possible to determine whether such a one was in real need or not? And +the only answer given was that, if it was evident that a man was so +placed, there could be no option about giving; almsdeeds then became of +precept. But that, if there were no convincing signs of absolute need, +then the obligation ceased, and almsgiving, from a command, became a +counsel. + +In an instance of this extreme nature it is not difficult to decide, but +the matter becomes perilously complicated when an attempt is made to +gauge the relative importance of "need" and "superfluity" in concrete +cases. How much "need" must first be endured before a man has a just +claim on another's superfluity? By what standard are "superfluities" +themselves to be judged? For it is obvious that when the need among a +whole population is general, things possessed by the richer classes, +which in normal circumstances might not have been considered luxuries, +instantly become such. However then the words are taken, however +strictly or laxly interpreted, it must always be remembered that the +terms used by the Scholastics do not really solve the problem. They +suggest standards, but do not define them, give names, but cannot tell +us their precise meaning. + +Should we say, then, that in this way they had failed? It is not in +place in a book of this kind to sit in judgment on the various theories +quoted, and test them to see how far they hold good, or to what extent +they should be disregarded, for it is the bare recital of mere historic +views which can be here considered. The object has been simply to tell +what systems were thought out and held, without attempting to apprize +them or measure their value, or point out how far they are applicable to +modern times. But in this affair of almsdeeds it is perhaps well to note +that the Scholastics could make this much defence of their vagueness. In +cases of this kind, they might say, we are face to face with human +nature, not as an abstract thing, but in its concrete personal +existence. The circumstances must therefore differ in each single +instance. General laws can be laid down, but only on the distinct +understanding that they are mere principles of direction--in other +words, that they are nothing more than general laws. The Scholastics, +the mediaeval writers of every school, except a few of that Manichean +brood of sects, admitted the necessity of almsgiving. They looked on it +from a moral point of view as a high virtue, and from an economic +standpoint as a correlative to their individualistic ideas on private +property. The one without the other would be unjust. Alone, they would +be unworkable; together, mutually independent, they would make the State +a fair and perfect thing. + +But to fix the exact proportion between the two terms, they held to be +the duty of the individual in each case that came to his notice. To give +out of a man's superfluities to the needy was, they held, undoubtedly a +bounden duty. But they could make no attempt to apprize in definite +language what in the receiver was meant by need, and in the giver by +superfluity. They made no pretence to do this, and thereby showed their +wisdom, for obviously the thing cannot be done. Yet we must note, last +of all, that they drew up a list of principles which shall here be set +down, because they sum up in a few sentences the wit of mediaeval +economists, their spirit of orderly arrangement, and their unanimous +opinion on man's moral obligations. + + + (I) A man is obliged to help another in his extreme need, even at + the risk of grave inconvenience to himself. + + (II) A man is obliged to help another who, though not in extreme + need, is yet in considerable distress, but not at the risk of grave + inconvenience to himself. + + (III) A man is not obliged to help another whose necessity is + slight, even though the risk to himself should be quite trifling. + + +In other words, the need of his fellow must be adjusted against the +inconvenience to himself. Where the need of the one is great, the +inconvenience to the other must at least be as great, if it is to excuse +him from the just debt of his alms. His possession of superfluities does +not compel him to part with them unless there is some real want which +they can be expected to supply. In fine, the mediaevalists would contend +that almsgiving, to be necessary, implies two conditions, both +concomitant:-- + + + (_a_) That the giver should possess superfluities. + + (_b_) That the receiver should be in need. + + +Where both these suppositions are fulfilled, the duty of almsgiving +becomes a matter not of charity, but of justice. + + + + +BIBLIOGRAPHY + + +Among the original works by mediaeval writers on economic subjects, +which can be found in most of the greater libraries in England, we would +place the following: + + + _De Recuperatione Terre Sancte_, by Pierre du Bois. Edited by C. V. + Langlois in Paris. 1891. + + _Commentarium in Politicos Aristotelis_, by Albertus Magnus. Vol. + iv. Lyons. 1651. + + _Summa Theologica_, of St. Thomas Aquinas. This is being translated + by the English Dominicans, published by Washborne. London. 1911. + But the parts that deal with Aquinas' theories of property, &c., + have not yet been published. + + _De Regimine Principio_, probably by Ptolomeo de Lucca. It will be + found printed among the works of St. Thomas Aquinas, who wrote the + first chapters. The portion here to be consulted is in book iv. + + _Tractatus de Civili Dominio_, by Wycliff, published in four vols. + in London. 1885-1904. + + _Unprinted Works of John Wycliff_, edited at Oxford in three vols. + 1869-1871. + + _Fasciculus Zizaniorum_ and the _Chronicon Angliae_, both edited in + the Roll Series, help in elucidating the exact meaning of Wycliff, + and his relation to the insurgents of 1381. + + _Monarchia_, edited by Goldast of Hanover in 1611, gives a + collection of fifteenth-century writers, including Ockham, Cesena, + Roselli, &c. + + _Summa Moralis_, by St. Antonino of Florence, contains a great deal + of economic moralising. But the whole four volumes (Verona, 1740) + must be searched for it. + + +Among modern books which can be consulted with profit are:-- + + + _Illustrations of the Mediaeval Thought_, by Reginald Lane Poole. + 1884. London. + + _Political Theories of the Middle Ages_, by F. W. Maitland. 1900. + Cambridge. + + _History of Mediaeval Political Thought_, by A. J. Carlyle. 1903. + &c. Oxford (unfinished). + + _History of English Law_, by Pollock and Maitland. 1898. Cambridge. + + _Introduction to English Economic History_, by W. J. Ashley. 1892. + London. + + _Economie Politique au Moyen Age_, by V. Brandts. 1895. Louvain. + + _La Propriete apres St. Thomas_, by Mgr. Deploige, Revue + Neo-Scholastique. 1895, 1896. Louvain. + + _History of Socialism_, by Thomas Kirkup. 1909. London. + + _Great Revolt of 1381_, by C. W. C. Oman. 1906. Oxford. + + _Lollardy and the Reformation_, by Gairdner. 1908-1911 (three + vols.) London. + + _England in the Age of Wycliff_, by G. M. Trevelyan. 1909. London. + + _Leaders of the People_, by J. Clayton. 1910. London. A sympathetic + account of Ball, Cade, &c. + + _Social Organisation_, by G. Unwin. 1906. Oxford. + + _Outlines of Economic History of England_, by H. O. Meredith. 1908. + London. + + _Mutual Aid in a Mediaeval City_, by Prince Kropotkin (Nineteenth + Century Review. Vol. xxxvi. p. 198). + + + + + +INDEX + + +Albertus Magnus, 51, 86, 87 +Albigensians, 29 +Almsgiving, 80 +Ambrose, St., 10, 87 +Antonino, St., 50, 52, 71, 80 +Aquinas, St. Thomas, 30, 42, 51, 60, 79, 80, 83 +Aristotle, 35, 42, 51, 64, 82 +Augustine, St., 10, 86 +Authority, 8, 10 + + +Ball, John, 32, 38 +Bavaria, Louis of, 32, 63 +Beghards, 32 +Beguins, 32 +Benedict, St., 13 +Black Death, 22 +Bois, Pierre du, 62, 69 +Bonaventure, St., 87 +Bourbon, Etienne de, 29 +Bracton, 59 + + +Cabochiens, 71 +Cesena, Michael de, 32 +Ciompi, 25, 71 +Communism, 29 + + +Destitution, 71 +Dominicans, 30, 39, 47 + + +Education, 76 + + +Fall, 9 +Fathers of Church, 8 +Feudalism, 15, 56 +Francis, St., 31 +Franciscans, 30, 31, 39 +Friars, 39 +Froissart, 33 + + +Ghent, Henry of, 87 + + +Harrington, 79 +Hildebrand, 10 +Hospitals, 75 + + +Innocent IV, 64 + + +Jacquerie, 25, 71 +Jerome, St., 86 +John XXII, 32, 63 + + +King, 15, 56 + + +Labourers, landless, 19, 27 +Langenstein, Henry of, 81 +Langland, 27, 39 +Law of Nations, 11 +Law of Nature, 11 +Lawyers, 55 +Legalists, 11 +Lucca, Ptolomeo de, 51 + + +Maillotins, 71 +Manicheans, 29 +Manor, 71 +Marcel, Etienne, 71 +Meziers, Philip de, 64 +Milton, 79 +Moerbeke, 42 +Monasticism, 13 +More, Sir Thomas, 79 + + +Necessities, 83 + + +Ockham, 32, 49, 63 +Oresme, Nichole, 64 + + +Parliament, 43 +Peasant Revolt, 25, 32, 71 +Plato, 35, 52, 82 +_Praetor Peregrinus_, 11 +_Praetor Urbanus_, 11 +Property, 10, 12, 29, 41, 80 + + +Rienzi, 71 +Ripa, John de, 50 +Roselli, Antonio, 65 + + +Schoolmen, 41, 88 +Scotus, Duns, 49, 80, 87 +Slavery, 10 +Socialism, 6, 16, 60 +Straw, Jack, 34, 39 +Superfluities, 83 + + +Taborites, 71 +Taxation, 76 +Tyler, Wat, 34 + + +Vaudois, 29 + + +Wages, 23, 25, 74 +Women, 70, 73 +Wycliff, 35, 49, 60, 62, 80, 87 + + +Printed by BALLANTYNE, HANSON & CO. +Edinburgh & London + + + + +ADVERTISEMENTS + + +THE PEOPLE'S BOOKS + +THE FIRST HUNDRED VOLUMES + +The volumes issued (Spring 1913) are marked with an asterisk + + +SCIENCE + + + *1. The Foundations of Science By W. C. D. Whetham, F.R.S. + *2. Embryology--The Beginnings By Prof. Gerald Leighton, M.D. + of Life + 3. Biology--The Science of Life By Prof. W. D. Henderson, M.A. + *4. Zoology: The Study of Animal By Prof. E. W. MacBride, F.R.S. + Life + *5. Botany; The Modern Study of By M. C. Stopes, D.Sc., Ph.D. + Plants + 6. Bacteriology By W. E. Carnegie Dickson, M.D. + *7. The Structure of the Earth By the Rev. T. G. Bonney, F.R.S. + *8. Evolution By E. S. Goodrich, M.A., F.R.S. + 9. Darwin By Prof. W. Garstang, M.A., D.Sc. + *10. Heredity By J. A. S. Watson, B.Sc. + *11. Inorganic Chemistry By Prof. E. C. C. Baly, F.R.S. + *12. Organic Chemistry By Prof. J. B. Cohen, B.Sc., F.R.S. + *13. The Principles of Electricity By Norman R. Campbell, M.A. + *14. Radiation By P. Phillips, D.Sc. + *15. The Science of the Stars By E. W. Maunder, F.R.A.S. + *16. The Science of Light By P. Phillips, D.Sc. + *17. Weather-Science By R. G. K. Lempfert, M.A. + *18. 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Cardinal Newman By Wilfrid Meynell. +*72. The Church of England By Rev. Canon Masterman. + 73. Anglo-Catholicism By A. E. Manning Foster. +*74. The Free Churches By Rev. Edward Shillito, M.A. +*75. Judaism By Ephraim Levine, B.A. +*76. Theosophy By Annie Besant. + + +HISTORY + + + *36. The Growth of Freedom By H. W. Nevinson. + 37. Bismarck By Prof. F. M. Powicke, M.A. + *38. Oliver Cromwell By Hilda Johnstone, M.A. + *39. Mary Queen of Scots By E. O'Neill, M.A. + *40. Cecil Rhodes By Ian Colvin. + *41. Julius Caesar By Hilary Hardinge. + + History of England-- + + 42. England in the Making By Prof. F. J. C. Hearnshaw, LL.D. + *43. England in the Middle Ages By E. O'Neill, M.A. + 44. The Monarchy and the People By W. T. Waugh, M.A. + 45. The Industrial Revolution By A. Jones, M.A. + 46. Empire and Democracy By G. S. Veitch, M.A. + *61. Home Rule By L. G. Redmond Howard. + 77. Nelson By H. W. Wilson. + *78. Wellington and Waterloo By Major G. W. Redway. + 100. A History of Greece By E. Fearenside, B.A. + 101. Luther and the Reformation By L. D. Agate, M.A. + 102. The Discovery of the By F. B. Kirkman, B.A. + New World +*103. Turkey and the Eastern By John Macdonald. + Question + 104. A History of Architecture By Mrs. Arthur Bell. + + +SOCIAL AND ECONOMIC + + + *47. Women's Suffrage By M. G. Fawcett, LL.D. + 48. The Working of the British By Prof. Ramsay Muir, M.A. + System of Government to-day + 49. An Introduction to Economic By Prof. H. O. Meredith, M.A. + Science + 50. Socialism By F. B. Kirkman, B.A. + *79. Mediaeval Socialism By Rev. B. Jarrett, O.P., M.A. + *80. Syndicalism By J. H. Harley, M.A. + 81. Labour and Wages By H. M. Hallsworth, M.A., B.Sc. + *82. Co-operation By Joseph Clayton. + *83. Insurance as Investment By W. A. Robertson, F.F.A. + *92. The Training of the Child By G. Spiller. +*105. Trade Unions By Joseph Clayton. +*106. Everyday Law By J. J. Adams. + + +LETTERS + + + *51. Shakespeare By Prof. C. H. Herford, Litt.D. + *52. Wordsworth By Rosaline Masson. + *53. Pure Gold--A Choice of By H. C. O'Neill. + Lyrics and Sonnets + *54. Francis Bacon By Prof. A. R. Skemp, M.A. + *55. The Brontes By Flora Masson. + *56. Carlyle By the Rev. L. MacLean Watt. + *57. Dante By A. G. Ferrers Howell. + 58. Ruskin By A. Blyth Webster, M.A. + 59. Common Faults in Writing By Prof. A. R. Skemp, M.A. + English + *60. A Dictionary of Synonyms. By Austin K. Gray, B.A. + 84. Classical Dictionary By A. E. Stirling. + *85. History of English By A. Compton-Rickett. + Literature + 86. Browning By Prof. A. R. Skemp, M.A. + *87. Charles Lamb By Flora Masson. + 88. Goethe By Prof. C. H. Herford, Litt.D. + 89. Balzac By Frank Harris. + 90. Rousseau By H. Sacher. + 91. Ibsen By Hilary Hardinge. + *93. Tennyson By Aaron Watson. + 107. R. L. Stevenson By Rosaline Masson. +*108. Shelley By Sydney Waterlow, M.A. + 109. William Morris By A. Blyth Webster, M.A. + + +London and Edinburgh: T. C. & E. C. 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