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Edited from a variety of translations (mentioned in the preface) by H. R. Percival
THE ECUMENICAL COUNCILS Resources Online and in Print
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78 Pages
Page 43
Canon XVII.
Forasmuch as many enrolled among the Clergy, following covetousness and lust of gain, have forgotten the divine Scripture, which says, "He hath not given his money upon usury," and in lending money ask the hundredth of the sum [as monthly interest], the holy and great Synod thinks it just that if after this decree any one be found to receive usury, whether he accomplish it by secret transaction or otherwise, as by demanding the whole and one half, or by using any other contrivance whatever for filthy lucre's sake, he shall be deposed from the clergy and his name stricken from the list.
Notes.
Ancient Epitome of Canon XVII.
If anyone shall receive usury or 150 per cent, he shall be cast forth and deposed, according to this decree of the Church.
Van Espen.
Although the canon expresses only these two species of usury, if we bear in mind the grounds on which the prohibition was made, it will be manifest that every kind of usury is forbidden to clerics and under any circumstances, and therefore the translation of this canon sent by the Orientals to the Sixth Council of Carthage is in no respect alien to the true intent of the canon; for in this version no mention is made of any particular kind of usury, but generally the penalty is assigned to any clerics who "shall be found after this decree taking usury" or thinking out any other scheme for the sake of filthy lucre.
This Canon is found in the Corpus Juris Canonici, in the first part of the Decretum, in Dionysius's version. Dist. xlvii, c. ii, and again in Isidore's version in Pars II, Causa xiv. Quaes. iv., c. viii.
Excursus on Usury.
The famous canonist Van Espen defines usury thus: "Usura definitur lucrum ex mutuo exactum aut speratum;" [96] and then goes on to defend the proposition that, "Usury is forbidden by natural, by divine, and by human law. The first is proved thus. Natural law, as far as its first principles are concerned, is contained in the decalogue; but usury is prohibited in the decalogue, inasmuch as theft is prohibited; and this is the opinion of the Master of the Sentences, of St. Bonaventura, of St. Thomas and of a host of others: for by the name of theft in the Law all unlawful taking of another's goods is prohibited; but usury is an unlawful, etc." For a proof of usury's being contrary to divine law he cites Ex. xxii. 25, and Deut. xxiii. 29; and from the New Testament Luke vi. 34. "The third assertion is proved thus. Usury is forbidden by human law: The First Council of Nice in Canon VII. deposed from the clergy and from all ecclesiastical rank, clerics who took usury; and the same thing is the case with an infinite number of councils, in fact with nearly all e.g. Elvira, ij, Arles j, Carthage iij, Tours iij, etc. Nay, even the pagans themselves formerly forbid it by their laws." He then quotes Tacitus (Annal. lib. v.), and adds, "with what severe laws the French Kings coerced usurers is evident from the edicts of St. Louis, Philip IV., Charles IX., Henry III., etc."
[96] Van Espen, Dissertatio de Usura, Art. I.
Reference address : https://elpenor.org/ecumenical-councils/first.asp?pg=43
