Page 70 of A Column of Fire
Suddenly Ned recalled his mother’s conversation with Bishop Julius in the cloisters of the ruined priory. Alice had told Julius the exact amount of the debt, and Julius had seemed momentarily struck by the figure, though in the end he had not commented. And here Julius was in court for the hearing. Ned frowned anxiously. The contract between Alice and Sir Reginald had been drawn carefully, so that there was no reference to interest; but the definition of usury was notoriously a grey area of law.
Alice said firmly: ‘No interest was payable. The contract states that Sir Reginald will pay rent of eight pounds a month for the continued use of the priory until the loan is repaid or the property is forfeited.’
Reginald protested: ‘Why would I pay rent? I never use the place! This was nothing less than concealed usury.’
Alice said: ‘But you proposed it!’
‘I was misled.’
The clerk interrupted: ‘Please! Address the court, not each other.’
Justice Tilbury said: ‘Thank you, Mr Pettit. Quite right.’
Rollo said: ‘The court cannot enforce a contract that requires a party to commit a crime.’
Tilbury said: ‘Yes, I have grasped that point. So you’re asking the court to decide whether the extra money payable under the contract is genuinely rent or a concealed form of usury.’
‘No, your worship, I am not asking you to decide. With your permission, I will bring an authoritative witness who will testify that this is usury.’
Ned was bewildered. What was he talking about?
The two justices seemed equally puzzled. Tilbury said: ‘An authoritative witness? Who do you have in mind?’
‘The bishop of Kingsbridge.’
A murmur of surprise went up from the watching crowd. No one had anticipated this. Justice Tilbury looked as startled as anyone. However, after a few moments he said: ‘Very well. What have you got to say, my lord bishop?’
Ned was dismayed: everyone knew whose side Julius was on.
Julius walked slowly to the front, his bald head high, making the most of the dignity of his office. As expected, he said: ‘The so-called rent is clearly disguised interest. Sir Reginald did not use the land and buildings during the period in question, and had never intended so to do. This was nothing but a flimsy cover for the sin and crime of usury.’
Alice said: ‘I protest. The bishop is not an unbiased witness. Sir Reginald has promised the priory to him.’
Rollo said: ‘Surely you do not accuse the bishop of dishonesty?’
Alice replied: ‘I accuse you of asking the cat whether the mouse should be allowed to go free.’
The crowd laughed: they appreciated wit in argument. But Justice Tilbury did not. ‘This court can hardly contradict the bishop on a question of sin,’ he said severely. ‘It seems the jury will have to rule that the contract is invalid.’ He looked unhappy about it, for he knew as well as anyone that many contracts made by Kingsbridge traders might be undermined by such a ruling; but Rollo had backed him into a corner.
Now Rollo said: ‘It is no longer a matter merely of invalidating the contract, your worships.’ The look of malicious satisfaction on his face worried Ned. Rollo went on: ‘Alice Willard has been proved guilty of a crime. I submit that it is the duty of the court to impose the punishment laid down in the Act of 1552.’
Ned did not know what punishment was specified by the law.
Alice said: ‘I will plead guilty to usury – on one condition.’
Tilbury said: ‘All right, what?’
‘There is another person in this court who is as guilty as I am, and he must be punished too.’
‘If you’re referring to Sir Reginald, the crime attaches to the lender, not the borrower—’
‘Not Sir Reginald.’
‘Who, then?’
‘The bishop of Kingsbridge.’
Julius looked angry. ‘Take care what you say, Alice Willard.’
