This article examines perceptions and practices of habitual usury, a crime
consisting of lending above the legal rate of interest on multiple occasions, in
early nineteenth-century France using descriptions of usury trials found in the
popular legal periodical the Gazette des Tribunaux. Following
the French Revolution, French law legitimized lending at interest in principle,
but punished ‘habitual usurers’ who ‘made a
profession’ from lending above the legal limit. The decades that followed
witnessed striking growth in banking, joint-stock companies and other financial
institutions. Highlighting the connections between cultural constructions of the
usurer and the actual processes deemed usurious, this article seeks to
understand a paradox: that usury was deemed omnipresent in French society yet it
was rarely prosecuted. By examining how habitual usury was defined and
prosecuted in French courtrooms, this article shows how habitual usurers both
validated and undermined stereotypical notions of predatory lending behavior
found in popular culture of the time. Habitual usury trials also reveal the
actual practices that allowed those excluded from formal financial networks to
participate in the growth of capitalist relations. This article argues that the
nineteenth-century obsession with the usurer can be explained by the crucial
role played by usurious practices in the credit economy of the period. As such,
prosecution of usury tended to focus on the character of the usury rather than
the actual practice of illegal lending. This article suggests that by
occasionally prosecuting particularly egregious ‘immoral’
moneylenders, the legal system and journals like the Gazette des
Tribunaux worked to keep credit accessible to the
‘underbanked’.