Dictionary of Political Economy Volume 2 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 Excerpt: ...to the discretion of the judge (Dig. lib. 19, tit. 1, 49, 1). The fact that the rate of interest due for mora was determinable by the rate locally current, suggests that the ground of the adjudication was that the creditor had been prevented dealing profitably with his money in the interval, which is the doctrine of Lucrum Cessans, as expounded by the canonists. Further, by the Roman law mora with its penalties was incurred by the debtor for any consequential loss to the creditor. This became the canonical doctrine of Damnum Emep.gens (?.-.). The early ecclesiastical history of interest has already been given (CANON Law). In England it was forbidden by two northern synods in 787. Before the Conquest, canonical and secular provisions were placed side by side in the compilations of the Anglo-Saxon kings. William the Conqueror, by his separation of the work of the bishops' courts from the work of the sheriffs' courts, paved the way for the study and application of canonical principles, which took place in the 12th century. The real founder of the study of mediaeval canon law in England was Theobald, Archbishop of Canterbury (1139-61). Its codification began in the reign of Henry III. To this age belong the constitutions of Richard Poore, Bishop of Salisbury, 1217-28, which forbid the taking of the produce of a pledge after the principal sum has been received from it deductis expensis. A contemporary canonist, one of the very few English authors on the subject, was Thomas Chabham (or Chobham, fl. 1230), who wrote eight books, De Gasibus et Panitentiis. He was also the author of Gasus aliquot de pufnoribus et in quibus latet Usura, Both these treatises are in MS. in.the British Museum. He defines usury as incrcmentum fenoris almsii eris crediti, a definitio...