Usury Stated Overthrown, Treatise · Part 2 · Section 17 – Section 20
NUM. XVII.
But he progreſſeth farther, ſaying, This part of the Definition is pleaded from our Saviours Injunction, Luke 6 35. And lend, hoping, or looking, for nothing again. This is the place of Scripture he builds with ſo much confidence upon, and ſo often quoteth to prove their ſtate damnable that expect the leaſt gain from Money lent; in the ſenſe whereof, if he miſtake, then down totters his Definition, and all the uncharitable Cenſures he builds thereon, &c.
To all which ſayings of his my Anſwer will be ſeveral.
1. That not I only, but far greater Writers than my ſelf, or he, do build upon this place to prove their ſtate damnable, that expect the leaſt gain from Money lent; at preſent I'le only name one of them again, viz. that great Oxford Scholar G. Powel, who having ſaid (as I quoted him even now) that all that gain (be it much or little, the word all takes it in all) which, contrary to the Word of God, is expected or exacted above the Principal, for the very Duty of Lending, is unlawful and damnable, (Note, Damnable) and that Uſury is ſuch Gain, (a)See his Proofs, page 28.proves it from Luke 6.35. beſides others, as I do: And therefore why am I only ſo harſhly cenſured for uncharitableneſs?
2. It's well for him that he puts in an (if), in the ſenſe whereof, if he be miſtaken, down totters his definition; which I hope he will never ſee while his Head is hot, as it is with Anger.
3. I add, That if I were, yet will not my Definition totter down, becauſe it's not only built on that place, but others alſo: As for example, that in Prov. 16.28. The Lord pondereth the Spirits; which a (b)Alex. de Aleſ. G. Biel in 4 Sentent. Diſtinct. 15.deep learned Author brings as a reaſon to prove; that the very expectation of Gain, above the Principal, is unlawful, and Uſury. For by Spirits, Wills, are meant Purpoſes and Intentions: And not amiſs is that place ſo explained, becauſe Solomon's meaning there is to ſhew, ſaith (c)Doctor Sand. of Uſury.another famous Writer, that the Lord ſeeth into the very depth of our ways, and bottoms of our hearts; ſo that he not onelyonly beholds our works and words, but diſcerns alſo, (d)Lavater Com. in Prov. 16.as Lavater tells us, the impulſes, motions, and purpoſes by which we are acted. (e)Al. de Alex.Eadem eſt voluntas lucri ſperantis, & non paſciſcentis (forte timore Eccleſiae) & pactum facientis; that is, He that lendeth hoping for Gain, though he enter no Covenant for it (for fear haply of the Churches Cenſure) has the ſame will which he has which covenants for Gain when he lendeth: add (a)Note this, what a famous place it is, ſo clearly concurring with Chriſts.Nehem. 5.12. We will require nothing; juſt as Chriſt, Luke 6.35. Looking for nothing again.
2. Becauſe it is grounded on ſtrength of Reaſon: For what ſaith bleſſed (b)Aug. de m…r. Manich. l. 2. c. 13. to. 1.Auſtin? There is ſo much power and vertue in the intention and purpoſe wherewith a man goeth about to do a thing, that if it be good, the action is good; if it be evil, the action is evil alſo. So he tells the Manichees.
And this is confeſſed by all, that if a man have a luſt and intent to commit the ſin of Uncleanneſs with a Woman, it's Adultery, becauſe Chriſt ſaith it, Mat. 5.28. And ſo likewiſe (c)Becauſe the ſame words in Luke 6.35. which though they be diverſly read and expounded, yet in every ſenſe they command the duty of Free lending, which excludeth Expectation.it's confeſſed, that he which intends theft, is a thief, though he doth not ſteal, being hindred: Anſwerably whereunto it followeth, by ſtrength of Reaſon, that intention maketh a man a Uſurer.
So that I may ſay and anſwer here, as one on Pſal. 15.5. When ſome ſaid he had nothing but that place againſt Uſury, anſwered, That if it were ſo, that were enough; ſo if I had no other place but this, Luke 6.35. that were enough: (d)So B. Downam in Pſal. 15.5. tells us.and again, if there were no ſuch place at all, yet there is Reaſon enough to make good what I have ſaid of Expectation.
4. I anſwer, As for my (e)Auſtin and Chemnitius, which alſo make the very expectation of Gain Uſury.two Authors, becauſe he ſaith he will bring ſeveral that put another Interpretation, and more probable (mark, probable only, he cannot ſay demonſtrative) upon the Text, I cannot have the patience to ſtay for his ſeverals, but I will forthwith name ſeveral that ſhall ſecond theſe two great men, than which I know he cannot bring more able and famous men. And.
Firſt, I ſhall name great Gratian, whoſe words are theſe; Not only every Gain, but alſo the very hope of Gain, maketh a man a Uſurer: whereunto he addeth, As for a Patron to hope for Gain of the Clerk which he preſenteth, maketh him a Simoniack.
Secondly, (f) (e)Joh. Molanus Comp. Theol. Pract. tract. 2. c. 28. Conſil. 6. 2 ſect. 8.John Molanus calleth this Expectation mental Uſury.
Thirdly, (a)Barth. Fumus Aur. Armil. tit. Uſura, ſect. 37.Bartholomaeus Fumus, who ſaith, Mental Uſury is committed without a Compact, when a man lends with a hope to receive ſomewhat that is more worth above the Principal.
Fourthly, (b)Mutuo damus iis a quibus nos nihil accepturos eſſe ſperamus. Juſtin Martyr.Juſtin Martyr tells us, That the firſt Chriſtians were ſo far from this expectation, as that they would lend to them of whom they hoped not to receive any thing.
Fifthly, I ſay, That all the Schoolmen and Canoniſts, as Raynerus, Gamfredus, Hoſtienſis, Alexander de Ales, Gabrid Biel, and the reſt, do agree in this thing called Expectation. Let the Champion bring more, and more eminent ones, if he can, hereafter.
Anſw. 5. In the mean time I ſhall anſwer to his two Queſtions next: And,
1. To this, Whether this Expectation was Uſury before Chriſt ſpake thoſe words, Luke 6.35? That doubtleſs it was, that being an Explanation and Amplification of the old Laws made againſt Vſury, as the Saying of Chriſt againſt mental Adultery, Math. 5.28. ſo this againſt mental Vſury.
2. Expectation of Gain is included in (c)For Lenders were required there to take nothing, as theſe words do ſhew it, [As thou ſayſt, ſo will we do:] We will require nothing of them. Whereupon it followeth, That they might expect nothing neither; as thoſe which muſt require no Bribes, muſt alſo expect none.Nehem. 5.12. yea expreſſed, Require nothing.
2. To his other Queſtion, Where Expectation was forbidden under the Law? I anſwer,
1. That I have already given him a Scripture even now, viz. Prov. 16.28. ſo interpreted as I delivered it by two great Authors; ſo that he needs not ſay, Shew it.
2. By undeniable Conſequenees drawn from Scripture, as I have already ſhewn.
NVM. XVIII.
Anſw. 6. And whereas he tells me, that he will joyn cloſer; It was lawful then to take Vſe from Strangers, and that therefore Gain expected did not lay open this expectation to cenſure: I anſwer, 1. That I did already give my Reſponſe at large about Strangers: And 2. ſhall now add a little more, viz. what (a)Hieron. in Ezech. 18. With whom I joyn learned Mr. Poole, that late and famous Writer, whoſe words are to the ſame effect.St. Jerome ſaith: It's ſaid in Deut. 23.19. Thou ſhalt not lend upon Uſury to thy Brother: but unto a ſtranger thou ſhalt. Note here the going forth of their Law in perfection: In the beginning of the Law Uſury was forbidden to be taken of their Brethren: In this Prophet Uſury is forbidden to all. Note ALL. So Jerome. But hereof more another time.
NUM. XIX.
Anſw. 7. As for his Counſels, That if this be only a Definition under the Goſpel, it falls in with thoſe that hold that Chriſt not only interpreted, but added to, and perfected the Law by new Counſels: To that I anſwer, That there is no fear of that: For, as (b)Mr. Moſſe.one ſaid well, when one told him, being a Papiſt, That he thought the prohibition of Vſury to be rather a Counſel given in God's Word, to avoid the extreme taking of Uſury, than any ſuch Precept as bound men to the obedience thereof, under pain of everlaſting damnation; he replied, Nay, that cannot be ſo; for the Church hath taken it to be a Commandment, which muſt be kept under the pain of damnation: ſo ſay I. He adds (ſaith my Examiner) And taken as part of the Definition: Yea, and part of God's Word too, ſay I, according to Ezech. 18.13. has taken increaſe; to ſtop all gaps, that no uſe may be taken, neither Neſbeck, nor Tarbith, as his words there declare.
NVM. XX.
But the Champion goeth a ſtep or two further, per ſe, aut per alium, directly or indirectly, to jeer me, as his following Expreſſions ſhew it: For he adds, As if it were ſome Br…be or Simoniacal Contract: Which unawares he ſpeaks againſt himſelf. For a very great (c)Gratian. Deer. Par. 2. Cauſ 19 Q. 3.Writer having declared, That the very hopes of Gain maketh a Uſurer, adds, as hope maketh a Simoouſt: As for a Patron to hope for Gain of the Clerk which he preſenteth, maketh him a Simoniſt, or Committer of Simony. Loe, Champion, how this great Writer joyneth the Vſurer with a Simoniſt, and coupleth Expectation with Simony; as if he had foreſeen what is here ſaid againſt me, and would anſwer for me. Of a Gratuity hereafter.
I'll ſuperadd, ſaith my Adverſary, yet further FOR LOAN: for that is the thing that leavens and (a)And here he ſpeaks againſt himſelf the truth unawares; for uſurious lending is by Divines called Venenum. So Bernard. Sylv. de cura rei Famil. calls it. Venenum patrimonii.poyſons all. I may receive a Gift from a Rich man, be it Money, Houſe, or Land; but if I expect or receive any thing from the fame hand upon the account of Loan, that is the ſin of Uſury. Who can believe this, ſave one that hath his Judgment tinctured and prepoſſeſſed? Lo, what he makes of me; but no matter, as long as his own Friend, Car. Molinaeus, the chief Patron of Uſury, ſaith the ſame, and ſo muſt needs be tinctured too, and prepoſſeſſed too, and muſt not therefore be believed neither, as this Champion ſaith of me. The words of Molinaeus are theſe.
(b)Car. Molinaeus de Vſura, c. 8.It is the common Opinion of all, That Uſury properly is not committed, but in Loan: And yet farther he ſaith, (c)I…em ibid.That Loan is the Subject of Uſury.
With him (d)Summa Angel. tit. Vſura.others do harmoniſe, ſaying, That Uſury, according to all the Doctors, conſiſts ONLY IN LOAN, or elſe cloaked under ſome other Contract, which may be reſolved or reduced unto Loan. And are all theſe tinctured?
I will name next a few more particularly, and ſo paſs on to other Reſponſes.
(e)Chemnit. loc. Com. l. 2. tit. de Paup.Chemnitius ſhall be a third man, whom I will cite, ſaying, Men ſay that Uſury is only committed in the Contract of Lending.
(f)Brentius Comment. in Lev. 25.Brentius ſhall be one more: Uſura fit tantum in mutuo: Uſury is committed only in lending.