Theological and Scholastical Positions Concerning Usury, Chapter 4
CHAP. 4: VVhether it be lawfull to lend for Vſurie.
1 THat it is not lawfull to lende for vſury, appeareth as well by Teſtimonies as a ſo by Reaſon.
2 By Teſtimonies, Of the Law, of Coū cels, of Doctors, of Philoſophers, of Poets, and of the Conſtitutions of this Land.
3 The Law is foure-fold, The lawe of Nature, the law of God, the Civill & the Canon law.
By the law of Nature to lende vponupon vſurie is vnlawful, becauſe it is foreign, contrary vntounto Nature: which thus I prooue.
Ceſa|re.
4 It is vniuſt to exact any money where there is no commutation.
But an vſurer the principall being ſafe, doth exact vſury not for any thing els, but for the duty of lending only.
Ergo, It is vnlawful and vniuſt to exact vſurie.
Ferio.
5 A thing that is vnfruitful by Nature is not to be tranſferred as fruitfull.
But money is a thing that is vnfruitfull by Nature.
Ergo, For the lone of Mony nothing is to be exacted; eſpecially the principall being ſafe.
Ferio.
6 The price muſt not be marchandiſe or ware. Mony is the price. Ergo, &c.
7 The Propoſition is proued, becauſe when the price is marchandiſe, the vſuter alwaies gaineth ſomwhat aboue the price. So there is ſome thing added for nothing, in which there is an inequality.
8 The Aſſumption is apparant from the invention of Mony; Mony ought to be a rule and meaſure to apportion every man his owne; but no marchandiſing thing.
Baroco.
9 Mony was invented for commutation and exchange; not that mony ſhoulde ingender or beget mony.
But in vſury there is no cōmutatiō Ergo. Vſurie is vnlawfull.
10 By the lawe of God, no man may lend vponupon vſurie.
11 Exod. 22.25. If thou lende mony to my people, that is, to the poore with thee, thou ſhalt not bee as an vſurer vntounto him: yee ſhall not oppreſſe him with vſurie, or impoſe vſurie vponupon him
12 Levit. 25.35 36 If thy brother bee impoueriſhed & fallen in decay with thee, thou ſhalt releeue him, yea the ſtranger & ſoiorner that he may liue with thee. Thou ſhalt take no vſurie of him nor vantage, but thou ſhalt feare thy God, that thy brother may liue with thee. Thou ſhalt not giuegive him thy mony to vſurie, nor lend him thy victuals for increaſe.
13 Here we muſt vnderſtand, that it is not only the labourer that by his daily worke getteth his living, nor yet the meane huſband-man, that is called poore or ſaid to be impoveriſhed in the Scriptures.
14 But alſo the Rich Farmer, the welthy Marchant, the landed Gentleman, or others of great calling, who fall into decay, and wax poore, ſo that they hauehave as great need to borrow, as any poore laborer.
15 So then, the meaning is, If thy brother (whether he be labourer, artiſicer, husband-man, Yeoman, marchant, gentleman or noble man) be decayd, & his ſtate beginne to fall:
16 Then thou ſhalte lende vntounto him freely, to helpe him, to vpholde him, to maintaine his lawfull eſtate and calling.
17 Thou ſhalt not impoſe vſurie vponupon him, that is, whē he is falling, thou ſhalt not ſtrike him down & tread him vnderunder thy feet, but ſhalt take him by the hand, vphold him frō falling, & let thy ſtrēgth and thy wealth ſupport his weaknes.
18 But ſhalt releeue him, thou ſhalte not anſwere him as Naball anſwered David, VVho is David? &c. 1. Sam. 25.10. 19 Deu. 23.19.20. Thou ſhalt not giuegive to vſury to thy Brother: as vſurie of money, vſury of meat, vſury of anything that is put to vſury. VntoUnto this ſtrāger thou mayſt lēd vpō vſu. but thou ſhalt not lēd vpō vſury to thy brother. That the L. thy God may bleſse thee in al thou ſetſt thine hād to, in the land whither thou goeſt to poſſeſſe it.
20 In theſe wordes, there is an oppoſition betweene this stranger, that is, the curſed Cananites, and the Iewes.
21 By Strāger in this place are meant the Hittites, the the Girgaſhites, the Amorites, the Cananites, the Periſites, the Hivites, and the Iebuſites, and no other ſtranger: as appeareth Levit. 25.35.
22 Theſe the Iſraelits were commanded to deſtroy. Exod. 23.27 &c. Numb. 3.32. Deut. 7.1.2.16.
Ferio.
23 That which the Lorde permitted the Iewes to doe, for the puniſhment & deſtruction of the curſed Cananites, cannot poſsiblie be turned to a bleſſing to Gods childrē
But it was to lend vponupon vſurie which the LORD permitted the Iewes, only to the curſed Cananits, for a kinde of puniſhment to deſtroy them with all.
Ergo. To lend vponupon vſurie cānot turne to a bleſſing vntounto Gods children. And whoſoever lendeth to another vppon vſury, whether it be vntounto rich or poore, it is to puniſh, and to deſtroy him.
24 The Lord addeth Deut. 23.20. That the Lord thy God may bleſſe thee in all thou ſetteſt thine hand to; to perſwade men, freely and without vſurie to ende to them that are impoueriſhed and decayed.
25 As if the Lord had ſaid; As thou wouldeſt hauehave me to Bleſſe thee: So helpe thou & releeue him that is decayed.
26 Pſal. 15.5 Hee that giveth not his money vntounto vſury, nor taketh reward againſt the innocent, hee that doth theſe things ſhall never fall.
27 Prev 28.8. He that increaſeth his riches by vſurie and increaſe, gathereth them from him that will bee mercifull to the poore.
28 That is, The Lord by his providēce wil defeate the Vſurer of them, & giuegive them vntounto ſuch as be more mercifull & charitable. See Prov. 13.22. Iob. 20.15.
29 Ier. 15.10. I hauehave not lent vpō vſury.
30 Ezech. 18.13. Hee that hath given forth vponupon vſurie, or hath takē increaſes, ſhall hee liue? Hee ſhall not liue, ſeeing hee hath done this abomination.
31 Ezech. 18.19. Hee that hath not receiued vſury nor increaſe, he ſhall not die in the iniquity of his Father, but hee ſhall ſurelie liue.
32 The ſame Prophet diſplaying the tranſgreſſions of Ieruſalem ſaith. In thee hauehave they taken giftes to ſhedde blood, thou haſt taken vſurie, and increaſe, and thou haſt defrauded thy neighbors by extortiō, and hast forgotten mee ſaith the Lorde God. Ezech. 22.12.
33 Luk. 6.35. Lēd looking for nothing again, & your reward ſhal be great.
34 In that Chriſt ſaith Lende, hee biddeth not to giuegive, but would hauehave the principall to be reſtored: only he cō mandeth that nothing ſhould bee exacted more then was lent.
35 By the Civill lawe, it is forbidden to lend vponupon vſurie 1. Becauſe the lawe ſaith That it doth not diſdaine to imitate the ſacred Canons, eſpecially in caſes concerning Matrimonie and vſurie.
36. 2. Becauſe Iuſtinian ſaith that he imbraceth the 4. General Councels, & in the Nicene which was one of the 4. vſury is forbidden. Diſt. 47. Ca. Quoniā.
37. By the Canon lawe, it is forbidden alſo Vide Decr. Iul Gelaſ. Mart. Leonis, Cauſ. 14 q. 4 & Dist. 47. c. Quoniam.
38. Generall Councels hauehave cōdemned vſurie. Concil. Arelatenſ. Terraconenſ. Agathenſ. I N Nicen. Martini Papa. Of which ſee Cauſ. 4. q. 4. Alſo Eliher. Dist. 47. Can. Siquis clericarū, Furoneſ Lateran Vide Decr: Greg: l: 5: T: 19 De VſUs. C. 3. And Laod. Vide D. 49. c. Non licet.
39 All the Auncient Fathers of the Church hauehave abhorred, and writen againſt this Sinne: As Chriſoſt. in Oper: Imperf: Hom: 12: in Math: 5: Lactan: De Vero Cultu Lib: 6: cap: 18: Auguſt: in Pſa: 36: Hieron: lib: 6: in Ezech: 18: Leo: Ser: 6: De ieiunio decimi menſ: ca: 3: Baſil: Com in Pſal: 14: Ambroſ: lib: 6: Epiſt: 70: & lib: De Tob: c: 3: 4: 5: & 7:
40 Philoſophers hauehave condemned it: Plato lib: 5: De Leg. Ariſtot: lib: 1: Polit: et lib: 4: Ethic: Nich: Cicer: lib: 2: Offic.
41 Poets hauehave exclaimed againſt Vſurie, as Lucan. l 1. De Bell Civ. Hinc Vſura vorax auidum que in tempore foenus, Vide L. Sex. 5 T. 5. de VſUs. And Auſon. Ecl. de Amb: vi: elig: — turpia lucra Foenoris, et velox inopes Ʋſura trucidat.
42: The lawes and conſtitutions of England hauehave prohibited and fobiden this ſinne: 20: H: 3: cap: 5: & 14: E: 3: Cap: 5: & 3: H: 7: cap: 6: 6. & 33: H: 8: Cap: 9: & 06 5: & 6: E: 6. & 13. Eliz: Cap: 8:
So much for Teſtimonies; It followeth to prooue that it is not lawfull to lend vponupon vſurie by Reaſon.
43 Firſt then, vſurie is intollerable, Becauſe the fowle vice of Avarice is the roote of vſurie.
44 Secondly, Becauſe it is wicked to deſire and exact gaine of an other mans labour.
45 Thirdly, Becauſe he that paieth vſurie is greatly endammaged; & the Vſurer receiueth gaine without the loſſe of any of the principall, howſoever the matter goeth.
46 Fourthly, Becauſe vſury doth dayly torment & aſſault his conſciēce that taketh it, and extenuateth the ſubſtance of him that giveth it.
47 Fiftly, Becauſe there were grievous puniſhments inflicted for this ſin vponupon him that was an Vſurer, by the Civill & Canon lawes.
48 By the Civil law A manifeſt Vſurer is not capable to mak a wil of his goods. The Ancient laws of the Romans puniſhed a theefe with the reſtitutiō of twofold, but the Vſurer of four fold. Cato. l. 1 de re Ruſt. ca. 1.
49 By the canon law vſu. was prohibited either to the Cleargy or to the lay people.
50 If any of the Cleargie did take vſurie, he ſhould be degraded, and made it reguler Conc. Nicen. 18, Diſt. 33. c. Martis Diſt. 46. c. Seditio.
51 If any of the Laytie were an Vſurer, 1. He ſhould be ſuſpended from the cō munion.
52 2. He ſhould be excommunicated out of the Church.
53 3. Hee ſhould not bee admitted to Chriſtian Buriall Vide Decr. Greg lib. 5. tit. 19. De Vſuris. & Cauſ. 14 q. 4. &c.