Theological and Scholastical Positions Concerning Usury, Chapter 9 – Chapter 10

Theological and Scholastical Positions Concerning Usury · Chapter 9 – Chapter 10

p. 58CHAP. 9. VVhether it bee lawfull to borrow vponupon vſurie.

Becauſe in theſe daies Charitie is rather DEAD then COLDE, Men muſt either borrow vponupon vſurie, or they ſhall hauehave nothing lent them at all.

2 There bee tvvo ſortes of Borrowers vponupon vſurie, ſome RICH, and ſome POORE.

p. 593 The Rich borrow becauſe they would be richer, and richeſt of all.

4 And theſe are either Gentlemen, or Tradeſmen.

5 Gentlemen, & cuntrey Farmers, they borrow vponupon vſurie, to purchaſe lands, and to enrich their poſterities.

6 Tradeſ-men, and Marchantes, imploy al the mony they can borrow, thinking to get more by the vſe of it, then the vſurie of it commeth vntounto.

7 Theſe Rich-men,**Note. may not lawfully borrow vponupon vſurie as may appeare. 1. By the Cauſe that moveth them to borrow. 2. By the Effectes that follow thereof.

8 The Cauſe that moveth Rich-men to borrow vponupon vſurie is, their covetous greedy Minde, that like Salomons hoſeleech, never crieth Inough, but GiueGive, giuegive They purchaſe all the lande they can compaſſe, & make a pray of their poore Neighbours.

p. 609 The effectes that enſue of their borrowing are either common vntounto all theſe borrowers, or proper to each one.

10 The common Effects are theſe:

11 1. They feede the vſurers, as the bellowes doe kindle the fire; they maintaine them, as the Receiuer maintaines the Theefe.

12 2. They vndoe the Poore. For they giuegive ſo exceſſiuelie much for the loane of money, that either they muſt giuegive vp houſe-keeping, or diminiſh their hoſpitalitie.

13 Whereby it commeth to paſſe, that the poore are neither ſet on worke, nor relieued by the Rich.

14 The Effects, proper to each one are:

15 1. The Gentleman that borroweth vponupon vſurie, racketh his rentes, and ſo maketh his poore Tenauntes pay the vſurie.

16 2. The Farmer, or Yeoman ſelleth his corne, and his cattell ſo much the dearer, p. 61and maketh the buyer pay his vſurie.

17 3. The Tradeſ-man, & Marchant inhaunce the price of their ware, and who ſo needes their marchandiſe, muſt pay their vſurie.

So much of Rich Borrowers vponupon vſurie: Now of the Poore.

18 The Poore Borrowers vponupon vſury, are either Counterfeites; or Poore indeede.

19 Counterfeites, are they that would ſeeme barer and needier then they are, and that for two reſpects.

20 Firſt, Becauſe they would not bee deepely charged with Subſidies.

21 Secondly, Becauſe they would cō pounde with their Creditours for little or nothing.

22 Theſe are they, whom Salomon ſpeaketh of, Prov. 13.7. There is that maketh himſelfe poore, having great riches.

p. 6223 Theſe are thoſe Foxes that hauing wealth inough to pay their debte, lie in Priſon, becauſe they woulde defraude their Creditours.

34 Theſe Counterfeites wil hauehave alwaies ſome thing for vſurie, that men may thinke them bare of mony, and pitty them in their charges.

25 Poore indeede, are they which borrow to ſupply their neceſſity; when they are like to bee vndone, their children to be caſt away, & their leaſe to bee forfeited.

26 This neceſſitie is either extreame neceſſitie, or not ſo extreame. **Note.It is lawfull to borrow in any of both. See Cap. 4. Poſit. 13.14. &c.

27 For neceſſitie it was lawfull for Adams Sons to marry with Adams Daughters; becauſe there were no other women.

28 For neceſſity, it was lawfull for David to eat the Shewbread; becauſe there p. 63no other food. 1. Sam. 21.6.

29 For neceſſity, it was lawful to work, to heale & to fight vponupon the Sabbath day; which was not lawful but for Neceſſity. Luc. 13.10.

30 Therefore for neceſſity, why may not a Man pay more then hee borrowed? Seeing no Scripture forbiddeth to pay more, but to require more.

31 Yet with this caveat,**Note wel. that the borrower intice not any man, to become an vſurer, that is, vnwilling to exerciſe that curſed Trade.

32 The Vſurer muſt be willing to lend for vſurie, otherwiſe the borrower doth grievouſly ſinne, notwithſtanding his neceſſitie.

33 Here will be Obiections made, againſt borrowing vponupon vſurie.

34 Ob. 1. Ieremy ſaith, Ier. 15.10. I hauehave not lent vponupon vſurie to others, neither hauehave others lent vponupon vſury to mee: as though it were vnlawfull not only to take p. 64vſury, but alſo to giuegive vſurie.

35 Anſ. Thereby Ieremy doth ſignifie, that he was no medler in the world, whereby they ſhould envy HIM like other men; and therefore hee cleereth himſelfe cheefely from vſurie, becauſe Vſurers were moſt envied.

36 And to ſhew that he was no Vſurer, he ſaith he was no Borrower; which is more lawfull, then to be an Vſurer.

37 Like a man, which ſaith, I doe neither hate him nor know him: & to proue that he doth not hate him; he ſaith, hee doth not know him.

38 So Ieremie, to proue that hee had not lent vponupon vſurie, ſaith that he never borrowed vponupon vſurie, nor had any dealing with it.

39 Obiect. 2. Chriſt did caſt out the buyers out of the Temple as wel as the ſellers.

40 Anſw. But that was not for buying, but for buying in the temple where p. 65they ſhould not buy but pray.

41 Obiect. 3. It is a common proverbe: If there were no buyers there would be no ſellers: if there were no brib-givers, there would be no bribe-takers.

42 Anſ. But in this caſe, it may bee rather ſaid; if there were no Takers, ther would be no Givers.

43 For the Giver doth not make the Receiver to take: but the Receiver doth make the Giver to give; becauſe hee wil not lend, vnleſſe the other wil giuegive him for the loane.

44 Therfore as we ſay, The receiver makes the theefe: So may we ſay, The receiuer of vſury makes the giver of vſury.

45 There is no compariſon betweene him that giveth vſurie, and him that receiveth vſury. The ONE doth it for covetouſnes, and the OTHER of neceſſity.

46 He which lendeth for vſurie, lendeth for covetouſnes: but he which borroweth p. 66upon vſury, borroweth for neceſſity.

46 Laban did evil in ſwearing by Idols: But Iacob did not evil in receiving ſuch an oath of him, though it were an vnlawful oath, Geneſ. 31.53.

48 Though the Vſurer doth evil in taking vſurie; yet the Borrower doth not evil in giving vſurie.

49 If a man may lawfully pay, for any cōmodity, more then it is worth: wherfore may not he, as lawfully, reſtore more then was lent him?

50 It is lawful to ſuffer iniury: though it be not lawful to offer iniurie.

51 To take vſury, is as it were to offer iniurie, and to giuegive vſury, is as it were to ſuffer iniurie.

52 Therefore, though a man may not require more then hee lent, yet may hee giuegive more then he borrowed.

53 The concluſion is this. No man muſt pay vſurie vntounto Vſurers, but for neceſsity.

p. 6754 Even as a Traveller giveth his Purſe vntounto a Theefe; becauſe he cannot chooſe.

CHAP. 10. VVhat Vſurers ſhould doe with their Gaine.

THe beſt thing is to do no mā wrōg: but the next is, to make him amēds

2 The Vſurer, becauſe hee hath tranſgreſſed againſt the firſt, let him endevour to fulfill the ſecond.

3 He that ſtole, let him ſteale no more; ſaith the Apoſtle Epheſ. 4.28. But is that inough? No. What remaineth? He muſt make restitutiō. Levit 6.2.3.4.5.6 Exod. 22.

4 So, It is not inough, that the Vſurer take no more vſurie, but he muſt reſtore that which he hath taken.

p. 685 If a man cannot ſay, as Samuel ſaid; VVhoſe goods hauehave I taken. 1. Sam. 12.3. Then muſt he ſay, as Zaccheus ſaide; VVhoſe goods hauehave I kept. Luke. 19.8.

6 As humility is the repentance of pride; and abſtinence the repentance of ſurfet; and almes the repentance of covetoſnes; and forgiuenes the repentāce of malice: So is reſtitutiō the repentāce of vſurie.

7 He which is not humble, doth not repent his pride; he which doth not abſtaine, doth not repent his gluttony; hee which doth not giuegive almes, doth not repēt his covetouſnes; he which doth not forgive, doth not repent his malice: So he which doth not reſtore, doth not repent his vſurie.

8 For how can hee be ſaide to repent his vſury, which liveth ſtil by vſurie.

9 As Daniel ſaid to Nabuchadnezzer, Dan. 4.24. Breake of thy ſins by righteouſnes: So may it be ſaide to the Vſurer; p. 69Breake of thy vſurie by reſtitution.

10 But as the Diſciples of Chriſt ſaid Ioh 6.60. This is a hard ſpeech: So ſaith the Vſurer, that hath gottē al his wealth by vſurie, This is a hard ſpeech.

11 Obiect. If I reſtore al I hauehave gotten by vſurie, (ſaith he) I ſhall hauehave nothing left to liue vponupon.

12 Anſ. Zaccheus did not feare howe he ſhould liue; but Zaccheus feared to offend.

13 As the Prophet ſaid to Amaziah; ſo may it be ſaid to the Vſurer; The Lord is able to giuegive thee more then this. 2. Chro. 25 9.

14 Feare not to reſtore other mens goods; and trie him that ſaith. Proue me now here with, if I will not open the windowes of heavē vntounto you & powre you out a bleſſing without meaſure. Malach. 3.10

15 Queſt. VVhat if a man cannot reſtore it to the right Owners, nor to their Heires.

p. 7016 Anſ. Then giuegive it vntounto the Miniſter, and to the Poore, and repent that thou haſt kept it ſo long.

17 Queſt. Put caſe a man bee fallen in decay, and be not able to make reſtitution as he would what then ſhall hee doe?

18 Anſ. Let him acknowledge the fault, and God will accepte the wil for the deede.

19 For ſo Paule ſaith. 2. Corinth. 8.12 If there be a willing mind, it is accepted according to that which a man hath, and not according to that which he hath not.

20 Queſt. VVhat if the VSVRER bee dead; Muſt his Heires reſtore that which was gotten by Vſurie?

21 Anſw. They may**Note. not keepe it in any caſe; for it is none of theirs.

22 They muſt put away the execrable thing from among them: and Goodes gotten by Vſurie, and oppreſſion, are execrable, vntounto the VSVRER, and his Heires; as was the Wedge of Goulde p. 71that Achan ſtole. Ioſhuah 6.16. They muſt make reſtitution then.

23 Though it be ſweete in the begining; yet as Abner ſaide to Ioab, 2 Sam. 2.26. Knoweſt thou not that it will bee bitternes in the latter end?

24 If THEY be condēned which giuegive not their owne Goodes vntounto them that hauehave neede of it: How can THEY be ſaved that drawe other-mens Goodes frō them that hauehave more neede of theirs!

Reuel. 7.12.

Amen; Praiſe, and Glorie, and VViſedome, and Thankes, and Honor, and Power, and Might, be vntounto OVR GOD for evermore; Amen.

FINIS.

Faults eſcaped in the Printing

End of the text · Gabriel Powel, Theological and Scholastical Positions Concerning Usury (1602)