Selected quad for the lemma: book_n
Text snippets containing the quad
|
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
|
A09891
|
Theologicall and scholasticall positions concerning vsurie Set forth by definitions; framed according to the rules of a naturall method.
|
Powel, Gabriel, 1576-1611.
|
1602
(1602)
|
STC 20155; ESTC S105149
|
22,473
|
90
|
thought good to reserue eveÌ„ this place for these few cases that al MeÌ„may see theÌ„ briefly censured proved to be within compasse of manifest Vsurie Many learned Diuines haue written concerning this point I haue read all that euer I coulde come by Fathers Canonistes and moderne VVriters made choice of what I iudged best out of them al which I haue couched together concisely and methodically so as the Reader may compendiously as it were with one proiect take a view of the whole what hath bin written concerning VSVRIE This Labour how greate or how small soeuer I humblie present vnto your Worships ioyntly and seuerally as a token of the dutiefull regard and louing affection I beare vnto you being not otherwise any way able to declar my thankfulnes for the great and manyfolde favours benefites which from time to time I haueÌ„ receiued from you hartely beseeching your VVorships so to accept this small gift as it is consecrated and dedicated vnto you that is with a willing chearful Christian minde The LORD IESVS blesse and preserue your VVORSHIPS and perfect the good work he hath begun in you that you may appeare blamelesse in the day of the LORD OXON From St. Marie Hall this 1. of Aprill An. Do. 1602. Your VVorshippes most humblie to commaund GABRIEL POWEL The Contents of this Treatise Chap. 1. Of the Kindes differeÌ„ces of Vsurie Pag n. Chap. 2 Of the Definiâ—ion of Vsurie 9. Chap. 3 Of the Difference betweene Vsury and Interest 12 Chap. 4 Whether it be lawful to lend for Vsury 16 Chap. 5 That Vsurie is vnlawfull damnable 27 Chap. 6 Howe great a Sinne Vsurie iâ— 38 Chap. 7 Obiections for Vsurie answered 42 Chap. 8 Whether it be in a Man 's own free choice to Lend or no 55 Chap. 9 Whether it be lawfull to borrow vpon Vsurie 58. Chap. 10 What Vsurers should do with their gain 67 CHAP. 1. Of the kindes and Differences of Vsurie THis word VSVRIE is taken in divers senses significations Properly and Improperly 2 Properly it signifieth the vse of a thing as is manifest by the Etymologie of the worde for Vsurie is derived from vsing Vsura quasi vsus rei 3 The name of VSVRIE is not evill but the abusing of it in applying it to evill trades and actions 4 Improperly Metonymicè Causa pro Effecto when we take it for the increase that ariseth of it 5 In this sense Vsurie is two fold Profitable and Vnprofitable 6 Profitable Vsurie is a gaine or increase that ariseth from the labour and exercise of our lawful callings 7 Profitable vsurie is two fold Naturall and spirituall or Terrene and Celestiall 8 Naturallor Terrene Vsurie is that gaine which commeth and encreaseth by tillage of the earth 9 This vsurie is lawfull because it is the ordinance of God himselfe the ancientest trade first practised in the beginning of the world Genes 3.23 Genes 4.2 Spirituallor Celestiall vsury is that gaine and glory wherewith God rewardeth the graces and good workes of his owne children 11 And this is either Privatiue or Positiue 12 Privative Spirituall vsury is when we forsake or resuse temporary commodities to gaine eternall 13 Of this Christ speaketh when hee saith Math 19 29. VVhosoever shal forsake houses or brethren or sisters or Father or Mother or wife or children or lands for my names sake hee shall receiue an huâ—dred fold more and shall inherite everlasting life 14 Positiue spirituall vsurie is when we do any deed or acte for Gods glory and the good of men which shall bee crowned in heaven 15 This positiue spiritual vsury is two fold Giuing of Almes and Imploying of Geds giftes 16 Giuing of Almes is munificence and liberality towardes the poore and needie 17 This is coÌ„mended in the Scriptures Prov. 19.17 He lendeth to vsurie to the Lord that is mercifull to the poore He is as it were the Lords vsurer and shall be well rewarded 18 And commaunded by God himselfe Deuter. 15.10 Thou shalt giue him and let it not greeue thine heart to giue vnto him Math. 5.42 Giue to him that asketh 19 Imploring of Gods gifts is the faithfull disposing of those graces that wee haue receaued from God to the advancing of his glorie and the benefite of Men. Of this Christ speaketh Matth. 25.27 Thou oughtest to haue put forth my money to the exchaungers and then at my comming shoulde I haue received my ovvne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vvith vsurie See Luk. 19.23 Thus much of Profitable Vsurie If followeth to speake of that which is Vnprofitable 21 Vnprofitable vsurie is a Gaine or increase vnlawfully exacted or hoped for the verie dutie of lending 22 It is tearmed vnprofitable because in the ende it turneth into a curse and to bitternes to the Receiver or Vsurer 23 Vnprofitable vsury is either Ecclesiasticall or Politicall and Civill 24 Ecclesiasticall vsury is an increase vnlawfully exacted for nothing vnder colour of prescription or duty 25 Civill or Politicall vsurie is when gaine and increase is raised from the vse of worldly goods which are thinges belonging to the civill and politicke estats of Men. 26 Political vsurie is two-fold Actuall and Mentall 27 Actual vsury is committed when one doth any act for gaine or increase And this is two-fold Liberal and by Compact or Covenant 29 Liberall vsury is when he that borroweth desireth to make some recompence 30 That which is receiued aboue the principall is vsurie yet this is not to bee condemned in three respects 31 First Because it is the duty of thankfulnes to make amends for a bene fit receiued 32 Secondly because it proceedeth froÌ„ the givers freewill Now what is more free then gift 33 Thirdly Volenti non fit iniuria If hee will giue it vnasked and vncompeled he hath no iniury offered in the taking 34 Vsury by compact or covenant is when the lender covenanteth with the Borrower to receiue againe not onely the principall but also increase and advantage 35 This vsury is two fold Manifest and Covert 36 Manifest vsurie is when one doth covenant to take tenne more or lesse in the hundred for a yeare c. 37 Manifest vsurie is two fold Lesse-Evill and More-Evill 38 Lesse-Evil is either of the Rich or of Orphans and widdowes 39 Of the Rich who giue money vpon vsury vnto the Rich to Marchants and Princes though not vnto the Poore 40 Of Orphans and widdowes when their Overseers or Guardians doe put out money for their vse 41. More evill and murdering vsurie is when the poore is bound to the rich to pay increase for the lone onely 42 Covert or close vsurie is when one lendeth money and shorowdeth it vnder some other bargaine 43 As if I lend a man a 100li. for a yeare vppon condition that hee buy a horse of mee which peradventure is worth some 30. s and paye mee for it 10.li. So of Actual vsurie Now of Mentall 44 Mentall vsurie is when one lendeth and doth not compact
THEOLOGICALL AND SCHOLASTICALL POSITIONS CONCERning Vsurie Set forth by Definitions and Partitions framed according to the Rules of a naturall Method AT OXFORD Printed by JOSEPH BARNES and are to bee solde in Fleete-Streete at the signe of the Turkes head by JOHN BARNES An. Do. 1602. TO THE RIGHT VVORSHIPfull most religious Gentlemen RALPH HOCKENHVLL HVGH HVRLESTON Esquires all Grace Peace externall internall eternall TO write against Vsury Right worshipfull is no noveltie to giue the Vsurer notice of the daungers wherein he walloweth is a thing necessarily performed in all Ages begunne by our Fathers who gaue the first on-set seconded by Vs who continue the skirmish and to be practised of our Posterities whoe doubtlesse will willingly followe their Fathers wherein we haue so happily followed ours The Sin is hainous and the daunger desperate yea so much the more dangerous whē it is covert shrow ded as a consuming feaver that cannot be espied before it growe incurable I know there be many otherwise good Christians that entertaine this vgly monster who would not doe it to gaine all the worlde if they knewe their trade were damned-vsury Giue me leaue therfore Right worshipful to decipher the deceiptfullnes of this Sinne by pointing at some vsurarious practises which are vtterlie vnlawful though commōly they be not so accompted I wil touch but some fewe of the principall least I shoulde treade an endlesse maze enter a labirinth out of which Theseus himselfe were not able to reduce me FIRST thē this covert shrow ded vsurie is committed in buying and Selling. 1 I buy barly afore hand for 4r. a combe which at the time of the delivery I know will be worth 6r. or a noble This is cloaked Vsurie Because that for payment before hande I buy a great deale the cheaper 2 I sell my wares I giue a day of payment and for that I am to forbeare my money so long I sell aboue mine ordinary price or aboue a reasonable gaine Herein no question I commit vsury Because I sell the time and make a gaine of lending 3 A man comes to me to borrowe money I answere I will lend him no money for vsury But if he vvil buy a horse of me for 10li. which is scarce vvorth 20s I will lend him so much mony for such a time This is vsurie Because the mony which surmounteth the price of the Horse is a ful recompence for the loane SECONDLY It is cōmitted vnder pretence of Letting 1 One comes to mee to borrow an 100 li for 7. yeeres I answer He shal haue it if he will hire a house of me for 10li. yeerely which is scarce worth 10s and take a lease of the same during the saide tearme of 7. yeeres This is plaine Vsurie Because the rent of the house payeth for the loane of the money THIRDLY It is committed in Lending 1 I come to a man to borrow mony He will lend me so much as I aske but in light gould in crackt angels or such like Yet he vvill haue payment in good currant money This is Vsurie Because he maketh a manifest gaine of Lending 2 If in consideration of a piece of money sent I take a piece of ground a house or cattel or any fructifieng thing vntill the mony be paide againe This is Vsurie Vnlesse that the fruite I reaped from the pledg be diducted from the principall 3 If for such a consideration I take for pleadg apparell plate c. and vse the same vntil paiment be made This is Vsurie Because I reap comodity by the vse of the pledg for the Loane onelie 4 I deliver 20 li vppon condition to haue 22 li at the yeares end if I be thē living but if I die to haue but 18 li restored againe This is plaine Vsurie 1 Because the gaine is certaine in respect of the Lender and that for the Lone onely 2 Because there is no respect had whether the borrowers gaine be lawful or not yea whether he gaine any thing at all or no. 3 Because the Lender doth not adventure the Principall 4 Because he doth not relie vpon GODS providence for disposing and ordering of his Goodes but is sure of Gaine if he liues howsoever it goeth with the Borrower 5 I deliver 20li. vpon condition to haue 22 li at the yeares ende if either my selfe or one other whō I shal name be then living but if we be both deade at the same time then no part of paiment at all to be made neither of gaine nor of principall This is Vsurie for the reasons house or cattel or any fructifieng thing vntill the mony be paide againe This is Vsurie Vnlesse that the fruite I reaped from the pledg be diducted from the principall 3 If for such a consideration I take for pleadg apparell plate c. and vse the same vntil paiment be made This is Vsurie Because I reap comodity by the vse of the pledg for the Loane onelie 4 I deliver 20 li vppon condition to haue 22 li at the yeares end if I be thē living but if I die to haue but 18 li restored againe This is plaine Vsurie 1 Because the gaine is certaine in respect of the Lender and that for the Lone onely 2 Because there is no respect had whether the borrowers gaine be lawful or not yea whether he gaine any thing at all or no. 3 Because the Lender doth not adventure the Principall 4 Because he doth not relie vpon GODS providence for disposing and ordering of his Goodes but is sure of Gaine if he liues howsoever it goeth with the Borrower 5 I deliver 20li. vpon condition to haue 22 li at the yeares ende if either my selfe or one other whō I shal name be then living but if we be both deade at the same time then no part of paiment at all to be made neither of gaine nor of principall This is Vsurie for the reasons before alleadged OBIECTION I aduenture to loose not onely the profit of my mony for a whole yeare but also to loose the principall it selfe ANSWER No no Here is no aduenture at all 1 For if the Vsurer liues his gaine is certaine howsoever the Borrower shal do 2 The aduenture must not onely be in respect of the Lender but al so and that principally in respecte of the Borrower whoe vseth the money FOVRTHLY It is committed in laying to pawne 1 I lend 20 li for ayeare and for assurāce of mine ovvne I take a pawne worth 30. or 40 li vvith a bill of sale that in desalte of payment at the day appointed the pawne shall be my owne This is Vsurie If either I hope the pawne shall be forfeited or it I take the aduantage of the forfeiture if it so fal out I am to bould to trouble your Worships with recital of particuler Practises yet because I know it is the custome of many men rather to scan over Epistles prefaces thē diligently to peruse whol books I