The Use of Scotus (Sent. IV, d. 15, q. 2, art. 2) and Bartolus (D. 46.3.99) in the Comentario resolutorio de cambios by Martín de Azpilcueta

Abstract

The article focuses on the use of quotations and interpretations of two medieval sources within the Azpilcueta’s Comentario. The citations of Comment on the fourth book of Sentences written by Scotus at the beginning of the 14th century, had a certain ease about them that had to be understood. Likewise the use of Bartolus’ Comment on Digest 46.3.99, was substantially overturned, in particular with the reference to 46.3.99 n. 10. In this contribution, they are examined to shed light on the lexicon and economic analysis proposed by the master of Salamanca in his most popular text. Scotus, in his Sent. IV, d. 15, q. 2, art. 2, devoted all his reflexions on the figure of merchant-entrepreneurs and he did not discuss the function, the political-economic targets or the legitimization of money-lenders. However, in the text of Azpilcueta all of the Scotus’ analysis and quotations are used to underline and legitimize the profession of the campsores in the precise version they have assumed in the 16th century. About the use of Bartolus’ Comment on Digest the attention is paid to what we can define as the almost complete interpretative reversal of one of Bartolus’ most important statements regarding the value of money in loan contracts. This question is examined for different reasons. Among them: because, Azpilcueta declares his devotion to Bartolus and places on it his own validation; because, in the case in point, he probably reaches the most significant distance from the thesis of Bartolus; on the grounds that, through the examination of Azpilcueta’s position, we can better understand what his conceptualization of money is, i.e. his idea of money analysed beyond its mere metallic dimension.