Usury Stated Overthrown, Treatise · Part 2 · Section 2 – Section 3
NUM. II.
But he will have me prove it by Scripture.
Whereunto I anſwer two ways.
1. Retorting, And ſo let him prove his regulated and moderate Vſury by Scripture. As for me, I hope to prove Damage by it thus.
1. That as the word foreign, though it was not verbatim in the Scripture, yet it was generally received; becauſe, by… neceſſary Conſequence, it was proved by Scripture, and ſo approved as Scriptural by the Catholick Fathers. So, though theſe very words be not in the Scripture, that Damage is to be paid for keeping back a Man's Money, and delay of Payment; yet in general, Damage for Hurt done is by the holy Scripture allowed and required. Whereupon conſequentially, in cometh Damage for Money freely lent, but not paid at the time appointed, to a Man's hindrance: As thus, Damage is allowed and required by God, if a Man be hurted or hindred in or by any thing. As for Example,
1. Damage is required if a Man's Beaſt or Ox be hurted: Whereupon it followeth, that much more if himſelf be hurted by not paying what is due to him at a Day, Exod. 21.22.
2. A King muſt not receive. Damage by his Subject, for Why ſhould damage grow to the hurt of the King, Ezr. 4.22. whereupon I infer, and why ſhould Damage accrew to one who is a Citizen of Heaven, and is a King too, Rev. 1.5. and lends his Money freely, as God would have him, Pſal. 15.5. by the keeping back of his Money ſo lent at the day nominated, to his great hurt and hindrance.
3. If a Man hurt another Man in his Eye, Hand, or Tooth, or Foot, Recompence muſt be made for it, Exod. 21.24. And if ſo, why ſhould not Recompence and Damage alſo be allowed, required and given for any other hurt?
4. The Borrower, who borroweth ought of his Neighbour, is to make good the hurt which his lending Neighbour receives, Exod. 22.14. Money is not named, but cometh in by a Conſequence.
As for my Couſin Spanhemius, whom he quotes, as ſpeaking againſt the School-men, becauſe they are for Damage becauſe of Gain ceaſing, I need not diſpute it with him, becauſe he is againſt the School-men, not me; and the School-men are of Age, and ſuch able Men, as that they can and do ſpeak for themſelves, and that at large, as my Couſin confeſſeth, prolixe; whereas he is but ſhort. But if he had ſpoken againſt me, I am of Age too, and have read as much as I could concerning Vſury, and this matter of Damage: So as that I may ſay after Gabriel Powel, I have read all that ever I could come by, Fathers, Canoniſts, Councils and Modern Writers; and therefore can ſpeak for my ſelf; yea, and for the School-men too, viz. That they are not ſo ſimple as they are made by the (a)Exod. 21.24, 25. and 35, 36.Champion; nor for Effugias of words, and ſhifts, as his Grotius is pleaſed to upbraid them in his ſecond Citation: which I therefore the leſs regard, becauſe he is unſound alſo in other things, and becauſe ſo many Holy, Learned, Orthodox Writers are for that Damage which I maintain. As, beſides the above-cited, I could quote a World of them: But I deſire to return to the School-men, and to let the World ſee how ſerious, and far from Effugias of words and ſhifts they be in this Point, I will alledge but one of them, inſtead of more, about Damage, eſpecially Covenanted for, viz. (a)Gabriel Biel.Gabriel Biel; which, becauſe I have him, I do often make uſe of in ſerious matters, relating to Vſury eſpecially: His words, being weighty, I wiſh were written with Letters of Gold; but I will write them with Ink, which I hope will be as much accepted as if they were written with Gold. If a Man lend any thing, and take the Borrower's Bond for the Payment of it, with an intent, that at the Day, the Penalty (of which I ſpake even now, when I wrote of Intereſt) ſhall pay for the forbearing of the Money; then certainly he is an Uſurer. Now, it is to be preſumed, ſaith the ſame Learned Biel, that the Lender impoſeth a Penalty upon the Borrower, to cloak the act, or to avoid the danger of Vſury; whereas either the Lender wiſhes rather that the Borrower would paſs his Day, and ſo he might take the Forfeiture (or Damage,) than that he ſhould pay him at his Day, and ſo avoid the Penalty (or Damage:) Or elſe, when the Lender knoweth, at the time of Lending, the Borrower is not like to make Reſtitution (or Payment) at his appointed Day. Or Thirdly, If the Lender impoſeth (and ſo taketh) a greater Penalty (or Damage) on the Non-payment, than his Damage can poſſibly be for the forbearing of his Goods. Which words I do with all willingneſs here ſubſcribe unto, for they are good and honeſt.
NVM. III.
Where note by the way,
1. That Damage is called foreign, a Cord, becauſe it binds a Man like a Cord to make Satisfaction, and that with God's Approbation, to be made and determined by Judges, Exod. 21.22. He ſhall pay as the Judges determine. Which, 1. Takes off all Aſperſions caſt upon this Doctrine of Damage, to be given, if at the Day nominated, the Money freely len… be not payed; as if then a Man might make his Market, and make the Borrower pay what he pleaſeth, which is falſe; for as the Scripture doth, ſo do we put it to the Determination of others to be Judges, (as alſo the Civil Law, according to God's Law, doth, Tit. 47. l. 7. c.)
Whereunto I will add what bleſſed Bolton ſaith to the ſame effect, pag. 57. That the Eſtimation of the Intereſt muſt not be referred to the Creditor's own Arbitrement, but to the Judgment of ſome other honeſt and diſcreet Men.
2. It ſerves as a Bridle for the Lender, that he may not exceed in his Damage demanded. So that therefore under the Hebrew Word an Accent is put, which the Hebricians call Meteg, a Bridle; as the ſame is to be ſeen in the Hebrew Text.
Let (a)Panormitan, c. conqueſt. de Ʋſur.Panormitanus be ſeen alſo of Damage ariſing from Gain, both emergent and ceaſing.