Commentary on Genesis and Exodus, Theological treatise · Chapter 22 · Questions · Question 45
QUEST. XLV. Certaine contracts found to be usury, not commonly so taken.
NOw there are certaine contracts, which commonly are not taken for usury, where there is no accession or increase of any thing above the stocke and principall, and yet they are of the nature and kind of usury, or worse. 1. As a poore man wanting money, is constrained to take an horse, or cow, or some other commodity, at an unreasonable price, and selleth it againe with losse, it may bee for the one halfe: this is a biting usury,Iulii. 1. Decret. 1. Simler. 2. Another case is this: one in time of harvest, buyeth corne at a certaine price as for two pound, and selleth it againe, for foure or six pound: the Canons decree this to be turp… lucrum, filthy and unhonest gaine. 3. Si dederis frumenti modium unum, & super aliquid exegeris, &c. If thou lendest a bushell of wheat,Concil. Agathens. c. 69. and exactest somewhat over againe: it is by the Canons judged an unlawfull kind of interest. 4. If any buy a commodity, as of cinamom, pepper, or such like, which is not worth above five pound at the time of the buying: Et promittunt per publicum instrumentum, se 6. libras soluturos, &c. And promise by some publike instrument,Concil Lateranens part. 16. c. 1. to pay for the same six pound, usura peccatum incurr…nt venditores, the sellers incurre the sinne of usury. 5. One having need of money, l…yeth his ground to pawne, and the lender taketh the profit of the ground for the use of his money▪ this is also usury: and therefore it was decreed thus in a certaine Councell, Fructus, qui capiuntur ex fundis, Later…nens. part. 16. c. 3.vel possessionibus … dentur, in sortem sunt computandi. &c. The profits which are received out …, and possessions morgaged, must be accounted as part of the principall. 6. Some usurers … this sleight, they cause their debtors to acknowledge that they owe so much money,Opusc…l. tripar. tit. lib. 3. c. 51. which is untrue … in sortem computari, &c. They cause the interest to be counted as part of the principall. As if one lend ten pounds upon interest, and make the borrower acknowledge by his deed, that hee oweth unto him eleven pounds, counting the twenty shillings which commeth for the loane, part of the principall. 7. Another case is put, one selleth unto another, or bargaineth for a lease of his ground, and it being but worth forty shillings by the yeare, he covenanteth to pay three pound▪ this is counted usury:Decret. Martin. Si a…uni cersus excedu val…rem fructuum, isto modo palliatur usura, &c. If the yearely rent exceed the value or worth of the fruits and profits, it is but a colouring of usury. 8. Qui pecunias dam, Synod. H…deshemn. s. c. 46.&c. They which give a peace of money to receive at a certaine day twice so much in value of corne: Sub titulo venditionis exercent usuras, &c. Under the title of selling, they practise usury. 9. One buyeth a commodity of his poore neighbour that wanteth money, and giveth him but halfe the value, otherwise hee will let him have no money:Synod. Hi…deshem. ibid. afterward hee selleth it for double, Hujusmodi usurarios, nisi satisfactionem fecerint, &c. These usurers unlesse they make satisfaction, wee decree not worthy to bee admitted to Ecclesiasticall buriall. 10. Hierome also giveth another instance: in the country usury is enacted of wine, corne, oyle:Comment. … Exech. lib. 6. c. 18. Concil. Nicen. c 17. cited, distinct. 47. c. 2. as in winter time one delivereth ten bushels, Vt in messe accipiat quindecim to receive fifteene in harvest: for usury may as well be of meat, and other things, as of money▪ Deut. 23.19. Hereupon in that great generall Councell, all usury was condemned of what kind soever 1▪ Ex ade… venti…ne aliqua, vel qualibet …odo negotium transigens; Hee that by any slight or device, or by any meanes whatsoever, made any such transaction or bargaine, is condemned.