Theological and Scholastical Positions Concerning Usury, Title page – Table of contents
THEOLOGICALL AND SCHOLASTICALL POSITIONS CONCERning Vſurie.
Set forth by Definitions and Partitions; framed according to the Rules of a naturall Method.
AT OXFORD, Printed by JOSEPH BARNES, and are to bee ſolde in Fleete-Streete at the ſigne of the Turkes head by JOHN BARNES. An. Do. 1602.
TO THE RIGHT VVORSHIPfull, & most religious Gentlemen, RALPH HOCKENHVLL, & HVGH HVRLESTON, Eſquires, all Grace & Peace externall, internall, eternall.
TO write againſt Vſury (Right worſhipfull) is no noveltie; & to giuegive the Vſurer notice of the daungers wherein he walloweth, is a thing neceſſarily performed in all Ages; begunne by our Fathers, who gaue the firſt on-ſet, ſeconded by VsUs, who continue the skirmiſh, and to be practiſed of our Poſterities, whoe doubtleſſe will willingly followe their Fathers, wherein we hauehave ſo happily followed ours. The Sin is hainous, and the daunger deſperate; yea ſo much the more dangerous, whē it is covert & ſhrow ded; as a conſuming feaver, that cannot be eſpied before it growe incurable. I know there be many, otherwiſe good Chriſtians, that entertaine this vgly monſter, who would not doe it to gaine all the worlde, if they knewe their trade were damned-vſury. GiueGive me leaue therfore (Right worſhipful) to decipher the deceiptfullnes of this Sinne, by pointing at ſome vſurarious practiſes, which are vtterlie vnlawful though commōly they be not ſo accompted. I wil touch but ſome fewe of the principall, leaſt I ſhoulde treade an endleſſe maze, & enter a labirinth out of which Theſeus himſelfe were not able to reduce me.
FIRST thē, this covert & ſhrow ded vſurie is committed in buying and Selling.
1 I buy barly afore hand for 4r. a combe which at the time of the delivery (I know) will be worth 6r. or a noble.
This is cloaked Vſurie. Becauſe that for payment before hande, I buy a great deale the cheaper.
2 I ſell my wares: I giuegive a day of payment, and for that I am to forbeare my money ſo long, I ſell aboue mine ordinary price, or aboue a reaſonable gaine.
Herein (no queſtion) I commit vſury. Becauſe I ſell the time, and make a gaine of lending.
3 A man comes to me to borrowe money: I anſwere, I will lend him no money for vſury. But if he vvil buy a horſe of me for 10li. (which is ſcarce vvorth 20ſ.) I will lend him ſo much mony for ſuch a time.
This is vſurie. Becauſe the mony which ſurmounteth the price of the Horſe, is a ful recompence for the loane.
SECONDLY, It is cōmitted vnderunder pretence of Letting.
1 One comes to mee to borrow an 100li for 7. yeeres. I anſwer, He ſhal hauehave it; if he will hire a houſe of me for 10li. yeerely, (which is ſcarce worth 10ſ.) and take a leaſe of the ſame during the ſaide tearme of 7. yeeres.
This is plaine Vſurie. Becauſe the rent of the houſe payeth for the loane of the money.
THIRDLY, It is committed in Lending.
1 I come to a man to borrow mony. He will lend me ſo much as I aske, but in light gould, in crackt angels, or ſuch like. Yet he vvill hauehave payment in good currant money.
This is Vſurie. Becauſe he maketh a manifeſt gaine of Lending
2 If in conſideration of a piece of money ſent I take a piece of ground, a houſe, or cattel, or any fructifieng thing, vntill the mony be paide againe.
This is Vſurie. Vnleſſe that the fruite I reaped from the pledg be diducted from the principall.
3 If for ſuch a conſideration, I take for pleadg apparell, plate. &c. and vſe the ſame vntil paiment be made.
This is Vſurie. Becauſe I reap comodity by the vſe of the pledg for the Loane onelie.
4 I deliver 20li vppon condition to hauehave 22li at the yeares end, if I be thē living, but if I die to hauehave but 18li reſtored againe.
This is plaine Vſurie. 1 Becauſe the gaine is certaine, in reſpect of the Lender, and that for the Lone onelyonly. 2 Becauſe there is no reſpect had whether the borrowers gaine be lawful or not, yea whether he gaine any thing at all or no. 3 Becauſe the Lender doth not adventure the Principall. 4 Becauſe he doth not relie vponupon GODS providence for diſpoſing, and ordering of his Goodes: but is ſure of Gaine (if he liues,) howſoever it goeth with the Borrower.
5 I deliver 20li. vponupon condition to hauehave 22li at the yeares ende, if either my ſelfe, or one other whō I ſhal name, be then living, but if we be both deade at the ſame time, then no part of paiment at all to be made, neither of gaine nor of principall.
This is Vſurie: for the reaſons houſe, or cattel, or any fructifieng thing, vntill the mony be paide againe.
This is Vſurie. Vnleſſe that the fruite I reaped from the pledg be diducted from the principall.
3 If for ſuch a conſideration, I take for pleadg apparell, plate. &c. and vſe the ſame vntil paiment be made.
This is Vſurie. Becauſe I reap comodity by the vſe of the pledg for the Loane onelie.
4 I deliver 20li vppon condition to hauehave 22li at the yeares end, if I be thē living, but if I die to hauehave but 18li reſtored againe.
This is plaine Vſurie. 1 Becauſe the gaine is certaine, in reſpect of the Lender, and that for the Lone onelyonly. 2 Becauſe there is no reſpect had whether the borrowers gaine be lawful or not, yea whether he gaine any thing at all or no. 3 Becauſe the Lender doth not adventure the Principall. 4 Becauſe he doth not relie vponupon GODS providence for diſpoſing, and ordering of his Goodes: but is ſure of Gaine (if he liues,) howſoever it goeth with the Borrower.
5 I deliver 20li. vponupon condition to hauehave 22li at the yeares ende, if either my ſelfe, or one other whō I ſhal name, be then living, but if we be both deade at the ſame time, then no part of paiment at all to be made, neither of gaine nor of principall.
This is Vſurie: for the reaſons before alleadged.
OBIECTION. I aduenture to looſe not onelyonly the profit of my mony for a whole yeare, but alſo to looſe the principall it ſelfe.
ANSWER. No, no: Here is no aduenture at all. 1 For if the Vſurer liues his gaine is certaine howſoever the Borrower ſhal do 2 The aduenture muſt not onelyonly be in reſpect of the Lender, but al ſo and that principally in reſpecte of the Borrower, whoe vſeth the money.
FOVRTHLY It is committed in laying to pawne.
1 I lend 20li for ayeare, and for aſsurāce of mine ovvne, I take a pawne worth 30. or 40li vvith a bill of ſale, that in deſalte of payment at the day appointed the pawne ſhall be my owne.
This is Vſurie: If either I hope the pawne ſhall be forfeited; or it I take the aduantage of the forfeiture, if it ſo fal out.
I am to bould to trouble your Worſhips with recital of particuler Practiſes: yet, becauſe I know it is the cuſtome of many men rather to ſcan over Epiſtles & prefaces, thē diligently to peruſe whol books; I thought good to reſerue evē this place, for theſe few caſes that al Mēmay ſee thē briefly cenſured, & proved to be within compaſſe of manifeſt Vſurie.
Many learned Diuines hauehave written concerning this point. I hauehave read all that euer I coulde come by, Fathers, Canonistes, and moderne VVriters: & made choice of what I iudged beſt out of them al, which I hauehave couched together conciſely, and methodically: ſo as the Reader may compendiouſly as it were with one proiect, take a view of the whole, what hath bin written concerning VSVRIE.
This Labour (how greate or how ſmall ſoeuer) I humblie preſent vntounto your Worſhips ioyntly, and ſeuerally, as a token of the dutiefull regard, and louing affection I beare vntounto you: being not otherwiſe any way able to declar my thankfulnes, for the great and manyfolde favours & benefites which from time to time I hauē receiued from you hartely beſeeching your VVorſhips, ſo to accept this ſmall gift, as it is conſecrated and dedicated vntounto you; that is, with a willing, chearful, & Chriſtian minde.
The LORD IESVS bleſse and preſerue your VVORSHIPS and perfect the good work he hath begun in you, that you may appeare blameleſse in the day of the LORD. OXON. From St. Marie Hall; this 1. of Aprill, An. Do. 1602. Your VVorſhippes most humblie to commaund. GABRIEL POWEL.
The Contents of this Treatiſe.
Chap. 1. Of the Kindes & differēces of Vſurie. Pag n.
Chap. 2: Of the Defini…ion of Vſurie. 9.
Chap. 3: Of the Difference betweene Vſury and Intereſt. 12:
Chap. 4: Whether it be lawful to lend for Vſury? 16:
Chap. 5: That Vſurie is vnlawfull & damnable. 27:
Chap. 6: Howe great a Sinne Vſurie i…? 38
Chap. 7: Obiections for Vſurie anſwered: 42:
Chap. 8: Whether it be in a Mans own free choice to Lend or no? 55:
Chap. 9: Whether it be lawfull to borrow vponupon Vſurie? 58.
Chap. 10: What Vſurers ſhould do with their gain? 67