Usury Stated Overthrown, Treatise · Part 1 · Section 4 – Section 7
NUM. IV.
1. When a man who is a Uſurer taketh any thing above the Principal without an expreſs Compact, but by a Tacite, cuſtom it ſelf tacitely making the Compact: as between infatuated Harlots, and thoſe that commit Fornication with them, Cuſtom maketh the Agreement, themſelves being ſilent. Thus my Author compareth Uſurers to Harlots in this thing.
2. When a Man palliateth Uſury with Partnerſhip, in that he will be the borrowers Partner: But how? In his Gain, but not in his Loſs. Which this Champion's own (a)As Mr. Baxter, and others.Authors in their Cautions diſallow; becauſe the Uſurer is ſo unjuſt, as that he will have the Borrower to take the pains, and himſelf will take the gains.
3. When the Uſurer maketh a Tranſlation: that is, when he will not take Money beyond the Principal, but buſhels of Corn, of the Borrower, or his labour for it, or ſome other thing, contrary to Deut. 23.19.
4. When the Uſurer makes a Tranſlation de perſona ad perſonam, from perſon to perſon. As thus: When the Uſurer will not be ſeen in the taking of Uſury, becauſe it is an odious thing, and will bring a ſcandal upon him (eſpecially if he be a Miniſter or Profeſſor) but employeth another: as ſome do their Wives; others ſome noted common Uſurers, which can beſt put out a Man's Money upon Uſury, becauſe they are ſtill reſorted unto: Yea, others there are who will employ the very Jews, whom famous (b)Pareus in R.Doctor Pareus calls therefore Chriſtianorum famulos, The Chriſtians Servants.
Here now I diſtinguiſh indeed, but little, I ſuppoſe, to the Champion's liking, though he finds fault with me that I do not diſtinguiſh in my Uſurer caſt.
5. Palliated Uſury is committed alſo, ſaith the famous (c)B. Downam, in Pſal. 15.Biſhop Downam, by counterfeit exchanging; which I, for my part, ſhall call Exchange bordering upon Uſury. The manner of its committing is this; When Money is delivered upon Bills of Exchange, with mention of the places, not that the Bills ſhould be tranſported for the ſatisfying of the Creditor beyond the Seas; but that the Lender, keeping the Bills at home with him, may have the like Allowance which Merchants have for the ſame time, dealing by Exchange and Rechange betwixt the places named.
The reaſon of this practice is, becauſe their Gain is greater than any other; which is tolerated by ſome Magiſtrates: Inſomuch that they which put forth their Money in this counterfeit Exchange are ſuppoſed to get after 16 or 20 in the 100. So that therefore this Exchange may be called Cambium ſiccum, Dry Exchange, becauſe it is void of Charity.
6. There is alſo a kind of adventuring, which is but a cloak of Uſury; When a Man covenants for Gain in lending under a pretence of hazard, when all the while he intends to enſure; and ſo the Principal is not hazarded. And ſo many a Man lendeth fifty pounds, if himſelf and two or three others which he ſhall name, or any of them, ſhall be alive at the twelve Months end, that the Debtor ſhall pay him fifty five pounds; otherwiſe he ſhall pay but forty five pounds: For if he ſhould name but one, it were twenty to one that he ſhould be living at the Years end; but naming three, it is more than twenty to one, but that ſome one of the three ſhall ſurvive.
This famous Downam alſo judgeth to be a cloaked Uſury.
7. There is likewiſe a kind of pretended free Lending, which is but a Cloak of Uſury. As, when a Man lendeth fifty pounds; much of it being light Money, and ſuch as will not paſs; as being clipped, or Braſs coloured over, with this condition, to pay him again ſo much in good and paſſable Coyn. Such was the Uſury which ſome practiſed in Ezekiel's time, a little before the Captivity. For, as ſome write, they having ordained a new Shekel, exceeding the old thirty two Grains; ſo that whereas the Civil, or Moſaical Law, which was but half of the holy Shekel, weighed an hundred and ſixty Grains, the new weighed an hundred ninety and two: they would lend after the old Shekel, but they would be paid according to the new.
More, much more could be ſaid of this Palliate Uſury: for it is juſt like one Perielimenus; who, to beguile others for the enriching of himſelf, ſometimes would be like a Fowl, ſometimes like a Bee, ſometimes like an Ant, ſometimes like a Serpent; yea, ſaith my Author,
—foreign
foreign.
ſo many ſhapes he had, as no Man can expreſs. Anſwerably whereunto, Uſurers alſo appear ſometimes in one ſhape, and ſometimes in another: yea, they have ſo many a quillity, and ſo many a ſubtilty couched in their diſtinctions, as no Writer is able to diſcover. But I muſt be briefer than I have been, having much other matter to utter: and therefore I will haſten to
NUM. V.
A Second Diſtinction, between Natural Uſury and Unnatural. The Natural is, Whereby a Man deals with (a)Turner, pag. 12, 13.Mother Earth, which the holy Fathers in old time uſed by God's own Inſtitution; and which (b)Aretius de Uſura.Aretius ſaith, is only lawful; excluding all other interdicted Uſury. Which alſo maketh againſt my Adverſaries.
2. Unnatural: viz. That which, againſt Nature, Uſurers would have to come of ſuch a barren thing as Money is, and which that renowned and pious Biſhop Ha… brings as an Argument againſt Uſury, (ſee my Uſurer Ca… 44.) but hereof more hereafter. In the mean time let me … that for this unnaturalneſs, Uſury is called by ſome, So… Naturae. The Sodomy of Nature. O abominable! And if any do not like Biſhop Hall's Reaſon, as this Champion doth not, I prove the unnaturalneſs of it thus; becauſe the poor Heathens, by the Light of Nature, have written and ſpoken againſt it: yea, becauſe the Light of Nature, called the Law written in Men's Hearts, accuſeth Uſurers for the unrighteouſneſs of their practiſing Uſury.
NUM. VI.
Thirdly, I diſtinguiſh between (c)Whereof the one gains Heaven, the other Hell; ſaith Chriſtoſtome, Hom. 5. in Matth.Metaphorical Uſury, and Proper; or, properly ſo called. The Metaphorical is that of Gifts, and Graces, and Par…s; whereby we may gain ſome benefit, encreaſe and excreſcency (as Aq…iras calls it) of good Works; as Alms-giving, &c. to be underſtood by that Uſury which Chriſt ſpeaks of, Matth. 25. gotten by the Talents; that is, Gifts and good Works there mentioned. And ſome think that Chriſt there meant Miniſters and Paſtors of the Church eſpecially; that they ſhould ſo lend forth their Gifts and Parts, as that he may receive his own with Uſury; that is with a Spiritual Increaſe: as Marlorate, with others, is of that mind. Whence is that of (a)Origen, Homil. 3. in Pſal. 36.Origen; Behold all ye to whom I ſpeak theſe things, do take theſe my words as Money lent to Uſury; This is the Lord's Money, which you muſt uſe to Encreaſe. Thus he underſtood Chriſt's Parable. But of this alſo more hereafter. In the mean time, this ſheweth that this Parable doth nothing at all favour Uſury, properly ſo called; which I muſt ſpeak of next: ſhewing, that it is not only biting, but alſo Encreaſe, called in Hebrew, foreign. any Pleonaſme, or Overplus, Uſurariouſly taken; Ezech. 18.13. H'as taken Encreaſe. So that theſe two words, Neſheck and Tarbith, are both one; that is, Uſury. Which is ſo acknowledged by Rabbi Kimki, upon Ezech. 18. that Neſheck and Tarbith are all one. So by Calvin himſelf; that is, both Uſury, forbidden Uſury.
NUM. VII.
Fourthly, I ſhall diſtinguiſh between Mental Uſury and Actual.
To begin with Actual: that is, A kind of Uſury, whereby actually and outwardly, encreaſe is made by the (b)Whence it is called Uſury, from Uſing, jus Canon. p. 466.uſe of a thing. So it is by learned Men deſcribed: And it is that which hath ſpread it ſelf, and is grown moſt common in the World; and of it (and not of moſt griping Uſury only, as the Champion would have it) moſt Writers … all Countries do treat, ſaith a moſt famous Author.
2. Mental: Which is a kind of Foenory, conſiſting in the mind, and hope of Gain, without any Covenant (ſaith a famous Writer:) Whence is the name Mentalis Uſurarius, A Mental Uſurer; that is, one who committeth Uſury with his Mind. So that if a Man's purpoſe, deſire and expectation, note expectation, be, that the borrower ſhould not bring his Goods weeping home, but that he ſhould render him Conſideration for the uſe of his Goods. Such a Man, in his mind, has committed Uſury before God, ſaith a renowned Writer.
And the ſame was ſaid long before of him by bleſſed Auſtin whoſe words I formerly quoted in my firſt Book; viz. If th… lendeſt thy Money to any, of whom thou expecteſt to receive more than thou didſt lend, thou art an Uſurer. And ſince, by another famous Writer; whoſe words in Engliſh are theſe: Ment… is committed without Covenant, when a Man lendeth with h… of receiving ſomewhat that is Moneys worth, above, or beſide the Principal. Which thing I intend more fully to confi… by the unanimous conſent of the School-men, and other Divines, and their Scriptural Proof for it.
I know the Champion will miſlike this as much as any thing I ſaid yet: but I muſt diſcover God's Truth; Will he Nill he.