Three hundred and ninety nine years ago today, “Sharp
Medicine” ended the life of Sir Walter Raleigh in the Old Palace Yard at the
Palace of Westminster. Having been the
beneficiary of Elizabeth I’s interest in exploring and colonizing “remote,
heathen and barbarous lands, countries and territories, not actually possessed
of any Christian Prince or inhabited by Christian people,” Raleigh was one of
the more colorful characters in the 16th century expansionist era. Given a 20% interest in all riches he found,
stole, privateered or came by in any fashion by Elizabeth, his fortunes were as
volatile as his lodgings. In and out of
the Tower of London for all manner of offenses, the amplitude of his state swung
wildly – at one time prisoner in the Tower only to arise to Parliament and the Queen’s
court.
I had the great fortune of seeing Sir Walter Raleigh’s last
correspondence with King James I written on the eve of his execution which is
in permanent archive at Hatfield House.
This rare moment was at the generous invitation of Robert Cecil, 7th
Marquess of Salisbury during a stay at Hatfield. In rather grandiose flair, Raleigh’s letter
regaled the regent with every manner of flattery and, at the bottom of the
page, wrote his final plea for mercy – oozing with his self-deprecating
unworthiness - in the smallest script I’ve
ever seen in quill and ink. The flattery
got him nowhere and a few short days later, his head was embalmed and given to
his widow.
Now while the fascination with Sir Walter Raleigh’s life and
grisly death could occupy pages of intrigue, I’m particularly interested in the
notion of one legacy of his life (and what may have very well contributed to
his death). That’s the notion of the 20%
commission granted by Elizabeth I. To
this day, this rather arbitrary commission lives on in modern compensation. And what I find fascinating is the historical
context in which this number appears to emerge.
You see, in Jewish and Christian traditions, 10 percent (also known as a
tithe) were the conventional tax for the ecclesiastical establishment. So it is somewhat intriguing that a Christian
regent would bestow on a single individual a sum equivalent to twice the tithe
due the church.
In Mesopotamia, the notion of a 20% rate of interest was
considered commonplace for several millenia.
It is thought that the Abrahamic traditions’ opposition to usury may be
in response to the oppressive effect this rate placed on the poor and
disadvantaged. The Council of Nicea
confirmed the prohibition on usury in 325 CE.
For the next 900 years, various Popes allowed those with resources to
charge interest or take collateral in rather direct correlation to their need
to be on the take from the wealthy to fund their aspirations. In Italy, France and Spain, rates of up to
20% were not uncommon with the church taking its cut and the moneylender taking
his. The 10% tithe never seemed to be in
question. To make money, a lender would need
to charge the church’s 10% and then add his take on top. But Elizabeth’s 20% commission seems to
establish an explicit authorization for an individual to personally benefit without cutting the church in on
anything.
Today, the amount of money charged by investment managers retains
this 20% legacy. What gives rise to the
notion that an individual’s actions represent one fifth of the community
interest of their actions? When Sir Walter
Raleigh confiscated the treasure-laden Spanish ships, was he entitled to
20%? By the Queen’s order, yes. But when King James I negotiated peace with
Spain, was he entitled to Spanish treasure or commission – unfortunately for
him, no. Twenty percent motivated
Raleigh to act out of self-interest.
Today, 20% motivates many investment managers to act also out of
self-interest. One wonders if the 20%
interest is in part a presumed tithe (the community interest) and in part an
incentive. And when these are given
equal weight, one wonders if the self-interest piece can blind the community
interest.
I’ve been amazed, during my recent meetings with investment
managers in the U.S. and Australia, the number of managers who have entirely
lost the plot when it comes to fiduciary responsibility. Mangers and the sovereigns that regulate them
are turning a blind eye towards fees that are assessed to the public for
returns that fail to even match passive market returns. Large asset managers and financial services
firms are racing each other to the bottom on fees in recognition of the fact
that they are delivering no value to their clients. But no one is looking behind the curtain to
see where these same firms are making their money. How can billions and trillions of dollars of
pensions be managed by firms that are charging negligible fees? When Exchange Traded Funds (ETFs) are now
charging less and 1/10 of one percent, how can the titans make it? Tragically, the public is being duped into
believing that their investments are being managed for nearly nothing. But this is NOT the case. What the public doesn’t know and cannot see
is where the incentives are. When a fund
fails to return passive market rates, someone somewhere took that money. And the SEC, ASIC and regulators around the
world are not probing this because they’re either unable or unwilling to deal
with the answer.
How much is management worth? Is Elizabeth’s 20% correct? Well, it seems that the answer to that
question is a resounding, “It depends.”
If someone is committed to transparent delivery of value, it may be
correct. If someone is hiding their real
benefits while misleading the public into thinking that they’re doing
something, it is certainly wrong. And on
this anniversary of Sir Walter Raleigh’s cerebral dispatch, it may be prudent
for us to use our heads while their affixed and start paying attention to the
fact that someone is preying on the public ignorance.
x