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The Medieval Theories of the Just Price: Romanists, Canonists, and Theologians in the Twelfth and Thirteenth Centuries Author(S): John W

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The Medieval Theories of the Just Price: Romanists, Canonists, and Theologians in the Twelfth and Thirteenth Centuries Author(S): John W The Medieval Theories of the Just Price: Romanists, Canonists, and Theologians in the Twelfth and Thirteenth Centuries Author(s): John W. Baldwin Source: Transactions of the American Philosophical Society, New Series, Vol. 49, No. 4 (1959), pp. 1-92 Published by: American Philosophical Society Stable URL: http://www.jstor.org/stable/1005819 Accessed: 18-04-2018 18:45 UTC REFERENCES Linked references are available on JSTOR for this article: http://www.jstor.org/stable/1005819?seq=1&cid=pdf-reference#references_tab_contents You may need to log in to JSTOR to access the linked references. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at http://about.jstor.org/terms American Philosophical Society is collaborating with JSTOR to digitize, preserve and extend access to Transactions of the American Philosophical Society This content downloaded from 128.196.130.121 on Wed, 18 Apr 2018 18:45:35 UTC All use subject to http://about.jstor.org/terms TRANSACTIONS OF THE AMERICAN PHILOSOPHICAL SOCIETY HELD AT PHILADELPHIA FOR PROMOTING USEFUL KNOWLEDGE NEW SERIES-VOLUME 49, PART 4 1959 THE MEDIEVAL THEORIES OF THE JUST PRICE Romanists, Canonists, and Theologians in the Twelfth and Thirteenth Centuries JOHN W. BALDWIN Department of History, University of Michigan THE AMERICAN PHILOSOPHICAL SOCIETY INDEPENDENCE SQUARE PHILADELPHIA 6 JULY, 1959 This content downloaded from 128.196.130.121 on Wed, 18 Apr 2018 18:45:35 UTC All use subject to http://about.jstor.org/terms J. M. J. MARGARITAE PRETIOSAE D. D. D. Copyright ? 1959 by The American Philosophical Society Library of Congress Catalog Card No. 59- 13420 This content downloaded from 128.196.130.121 on Wed, 18 Apr 2018 18:45:35 UTC All use subject to http://about.jstor.org/terms PREFACE We are like "puny dwarfs perched on the shoulders made more fruitful and pleasant through the kindness of giants. We see more and farther than our and assistance of Mlle d'Alverny and Mme Rambaud- predecessors, not because we have keener vision or Buhot of the Bibliotheque Nationale. greater height, but because we are lifted up and borne The major research for this study was made possible aloft on their gigantic stature." This metaphor of through the Fulbright program effectively administered Bernard of Chartres preserved by John of Salisbury by the Commission Franco-Americaine d'Pgchanges was a commonplace in the twelfth century, yet to a Universitaires. Later opportunity to verify manuscript present-day beginner in medieval studies it remains sources in France was provided by a grant from the strikingly appropriate. My reliance on the works of Faculty Research Fund of the Horace H. Rackham others is apparent from the footnotes and bibliography, School of Graduate Studies, the University of Michigan. but here it is also appropriate to acknowledge my many Finally, I am indebted to the American Philosophical personal obligations. Society for undertaking the publication. In America I benefited from the interest and help Because of the high cost of printing foreign languages of four distinguished medievalists who consented to in this country I have felt it wise to limit the amount read the manuscript in entirety and to offer criticism of Latin texts in the footnotes to a minimum. There- from their particular fields of interest. If I have fore, the Latin quotations derived from printed editions, fallen into error, it is only because I have not heeded both early and recent, have been eliminated with two their warnings. Professor Stephan Kuttner of the occasional exceptions: first, texts of which precise Catholic University of America advised me on matters grammatical phrasings were essential to my analysis, of medieval Roman and Canon law, a field in which and second, texts derived from early printed editions his authority can hardly be surpassed. Professor Fred- virtually impossible to obtain anywhere in this country. eric C. Lane of the Johns Hopkins University and Latin quotations excerpted from unedited manuscripts, Professor Raymond de Roover of Boston College con- however, have been printed in full. These last quo- tributed from their extensive knowledge of medieval tations do not attempt to provide critical editions of the economic practice. To Professor Sidney Painter of passages because of the great number of treatises in- the Johns Hopkins University I owe my introduction volved. Of some treatises I have had access to only to and formation in medieval studies, and I wish to one manuscript. Of others I have consulted all of the express my special gratitude for his constant aid and manuscripts available in Paris, and constructed a text counsel throughout this project. based on the two best ones. In these references the In Paris I profited from the friendly advice of M. Gabriel LeBras, Professor at the Faculte de Droit; two manuscripts have been cited, but the actual passage Abbe Louis Guizard, Professor at the Institut Catho- printed represents the combined reading that makes the lique; Msgr. Charles Lefebvre, now of the Sacra best sense. A full list of the manuscripts employed Romana Rota; M. Pierre Legendre, now Professor at in this study may be found in the bibliography. the Faculte de Droit, Universite de Lille; and Mr. J. W. B. Clemens Heller of the Centre de Recherches His- Ann Arbor, Michigan toriques. Especially were my labors in the manuscripts 31 October, 1958 3 This content downloaded from 128.196.130.121 on Wed, 18 Apr 2018 18:45:35 UTC All use subject to http://about.jstor.org/terms ABBREVIATIONS AND EXAMPLES OF CITATIONS C.-Code of Justinian. M.G.H.-Monumenta Germaniae historica, edidit So- Source: Corpus iuris civilis, Vol. II, P. Krueger, ed. cietas aperiendis fontibus rerum Germanicarum medii Berlin, Weidmann, 1914. aevi. Example: C. 4, 44, 10-Liber 4, Titulus 44, Lex 10. Nov.-Novellae of Justinian. (pr.-principium and par.-paragraph). Source: Corpus iuris civilis, Vol. III, W. Kroll, ed., Causa-Causa in Pars secunda of Gratian's Decretum. Berlin, Weidmann, 1912. Source: Corpus iuris canonici, Vol. I, A. Friedberg, Example: Nov. 120, c. 9-Novella 120, Capitulum 9. ed., Leipzig, 1879. (pr.-principium and par.-paragraph). Example: Causa XIV, q. 3, c. 4, Usura-Pars Paris Bibl. Nat. Lat.-Manuscript from Paris. secunda, Causa 14, Questio 3, Canon 4, Incipit Bibliotheque Nationale, Fonds Latin. Usura. Paris Mazar.-Manuscript from Paris, Bibliotheque Comp.-Compilatio antiqua. Mazarine. Source: Quinque compilationes antiquae, A. Fried- P.G.-Patrologiae . series Graeca, 166v. J. P. berg, ed., Leipzig, 1882. Migne, ed., Paris, 1857-1866. Example: Comp. I: III, 15, c. 4, Quum dilecti- P.L.-Patrologiae . series Latina, 221v. J. P. Compilatio antiqua I, Liber 3, Titulus 15, Canon Migne, ed., Paris, 1844-1865. 4, Incipit Quum dilecti. Thomas, Sum. theo.-Thomas Aquinas, Summa theo- C.Th.-Theodosian Code. logica. Source: Theodosiani libri XVI, 2 v. T. Mommsen Source: Opera omnia, 25v. Parma, 1852-1873, re- and P. Meyer, ed., Berlin, Weidmann, 1905. Example: C.Th. 3, 1, 1-Liber 3, Titulus 1, Lex 1. printed at New York, Musurgia, 1948-1950. Abbreviations: D.-Digest of Justinian. I, II-Pars prima-secundae. Source: Corpus iuris civilis, Vol. I, T. Mommsen II, II-Pars secunda-secundae. and P. Krueger, ed., Berlin, Weidmann, 1920. Example: D. 47, 11, 6-Liber 47, Titulus 11, Lex qu.-Quaestio. a.-Articulus. 6. (pr.-principium and par.-paragraph). obj.-Objectum. De poen.-De poenitentia of Quaestio III, Causa resp.-Respondeo. XXXIII of Pars secunda of Gratian's Decretum. ad-Argumentum ad objectum. Source: Corpus iuris canonici, Vol. I, A. Friedberg, Example: Thomas, Sum. theo. II, II, qu. 77, a. 1, ad ed., Leipzig, 1879. 1-Pars secunda-secundae, Quaestio 77, Articulus Example: De poen. V, c. 2, Qualitas-Distinctio 5, 1, Argumentum ad primum objectum. Canon 2, Incipit Qualitas. Di.-Distinctio in pars prima of Gratian's Decretum. X-Decretales of Gregory IX. Source: Corpus iuris canonici, Vol. II, A. Friedberg, Source: Corpus iuris canonici, Vol. I, A. Friedberg, ed., Leipzig, 1881. ed., Leipzig, 1879. Example: Di. XLVII, c. 2, Quoniamn-Pars prima, Example: X: V, 32, c. 1, Intelleximus-Liber 5, Titulus 32, Canon 1, Incipit Intelleximus. Distinctio 47, Canon 2, Incipit Quoniam. Inst.-Institutes of Justinian. An example of citation in the glosses and apparatus Source: Corpus iuris civilis, Vol. I, P. Krueger, ed., to legal material: Accursius, Glossa ordinaria to Berlin, Weidmann, 1920. elegerit: C. 4, 44, 2.-The gloss of Accursius to the Example: Inst. 3, 23-Liber 3, Titulus 23. (pr.- word elegerit in the Code of Justinian, Liber 4, principium and par.-paragraph). Titulus 44, Lex 2. 4 This content downloaded from 128.196.130.121 on Wed, 18 Apr 2018 18:45:35 UTC All use subject to http://about.jstor.org/terms THE MEDIEVAL THEORIES OF THE JUST PRICE Romanists, Canonists, and Theologians in the Twelfth and Thirteenth Centuries JOHN W. BALDWIN CONTENTS PAGE PAGE Introduction ........................................... 5 5. The Theologians (Twelfth and Thirteenth Centuries) .. 58 1. The Legacy of Antiquity ............................ 10 I. The Synthesis of Justice ........................ 58 I. Aristotle-A Theory of Exchange ................ 10 II. The Justification of the Merchant ................ 63 II. The Church Fathers-Misgivings about the Mer- III. The Problem of Fraud ........................... 67 chant ............................. 12 IV. The Doctrine of the Just Price according to the III. Ancient Roman Law-A Legal System of Sale .. 16 Theologians ................................... 68 A. The Doctrine before Thomas Aquinas ........ 68 2.
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