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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

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but expecteth and hopeth for increase or gaine 45 Sole hope maketh an Vsurer If thou doest but expect to receiue more then thy owne thou art an vsurer saith Augustine Aug. in Psalm 36. Ser. 33. 46 And CHRIST himselfe saith Luc. 6.35 Lend looking for nothing againe So much for the kindes and differences of vsurie Now we will speake onelie of Civill Actuall vsurie which is commonly vsed amongst vs. CHAP. 2. Of the Definition of Vsurie 1 VSVRIE is a gaine which by composition compact and agreement going before is raken for the verie duetie of lending not adventuring the principall and that not onelie in money but in meate ware or any thing that is valuable by money 2 The Efficient cause of Vsurie is two fold Principal and lesse principall 3 The Principall and chiefest cause of vsurie is the DIVELL who stirre●h vs vp to oppression 4 The lesse principall or subordinate causes are covetousnes the loue of our selues and the hatred of our neigbour 5 The Material Cause is mony come cile or such like 6 The Formall Cause is the composition compact or agreement 7 The Finall Cause is the enriching of our selues by impoverishing of others 8 Vsurie is a Gaine because it is an increase aboue the principall for the vse and lending only 9 Lending is a contract which transferreth the dominion right of a thing to an other with promise to haue the same thing deliuered againe without price or consiceration 10 Lending is two-folde Mutuation and Accomodation 11 Mutuation is when a man lends any thing lookes but to haue his own againe in the same kinde 12 As when I lend mony I looke not to haue the same mony againe but other of that kinde in the same measure and quantitie 13 Accomodation is when a man lends some thing and lookes to haue the same againe in his owne individuall propertie 14 As if I lend a horse I looke to haue the same horse againe and not another 15 Vsurie is properly truely in that lending which is termed Mutuation in no other contract 16 Vsurie is by Compact composition and agreement going before 17 A Compact or Composition is twofold Silent and Expresse 18 A Silent Compact is when consent and Agreement is intended As 19 When a man comes to an vsu ei to borrow money hee tels him that hee will allow him after 10. in the 100 although the vsurer saith nothing this is a kind of compact Or 20 If one comes to borrowe money and the vsurer saith he wil take after 10. in the 100 albeit the borrower saith nothing but takes the money it is a kinde of compact 21 An expresse compact is either Bare or Shrowded 22 Bare compact is when one comes to borrow mony the Vsurer asketh him if he will giue vse for it the Borrower saith he will 23 Shrowded cōpact is either in VVords or in writing 24 In words when the Borrower passeth his promise for payment of vse 25 In writing when the Vsurer takes specialty for the vse of his money CHAP. 3. The difference betweene Vsurie Interest 1 THe Vsurers to glose with the worlde are wont to confound the names of interest and vsurie 2 But the difference between them is manifest by the desinition of both of them 3 Vsurie is defined before Cap. 2. Posit 1. 4 Interest is a debte vvhich one oweth to another by the lawe of Nature and Aequitie 5 INTEREST is due two manner of waies By reason of Losse suffered and By reason of Gaine hindered 6 By reason of losse suffered As when I borrowe money for another and enter by bond for it and take the like of him that receiveth the money I may lawfully recover that I loose by that money 7 By reason of Gaine hindered As if I being a Trades-man lend my mony freely to my Neighbour till such a day hauing then occasion to vse it at some Faire to lay it out in ware if hee breake touch I may lawfully take so much as I sustained losse for want of mony to lay out 8 If a man sustaine no losse or hurt or can forbeare the mony so differred if then hee take any thing for the forbearance it is Vsurie and not Interest 9 For Interest is so called because one may say inter fuit mea habuisse It behoued me it stood me vpon to haue it and now by your default sustaine losse 10 The difference betweene them is great and easie to be discerned 11 Vsurie is an ouer plus or gaine taken more then was lent 12 Interest is neither gaine nor ouerplus aboue the principall but a recompence demaunded and due for the losse that is suffered or the gaine that is hindered through lending 13 Vsurie groweth due by lending from the day of borrowing vntill the appointed time of payment 14 Interest is neuer due but from the appointed day of payment forward for so long as I forbeare my goods after the daie in which I did covenant to receaue them againe 15 In vsurie I seeke to be a gainer 16 In Interest seeke only to be no looser gaine or profit I seeke none 17 Vsurie is against all equity conscience and reason 18 Interest standeth with equity conscience and good reason 19 Obiect But here it wil be obiected Why then doth Salomon condēne Interest as well as Vsurie for so hee saith Prov. 28.8 He that increaseth his riches by vsury and interest gathereth them for him that wil be mercifull vnto the poore 20 Ans Here is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Hebrew brewe hath it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Beneshech vetarbith by vsurie and increase or superabundance So do all the Interpreters that I saw translate it sauing our English 21 The Septuagint reade 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vsurâ s●perabundantiâ 22 Tremelius Leo Iuda Lavaterus Vatablus Pagninus and Mercerus haue Vsurâ foenore 23 Arias Montanus Vsurâ augmēto CHAP. 4 VVhether it be lawfull to lend for Vsurie 1 THat it is not lawfull to lende for vsury appeareth as well by Testimonies as a so by Reason 2 By Testimonies Of the Law of Coūcels of Doctors of Philosophers of Poets and of the Constitutions of this Land 3 The Law is foure-fold The lawe of Nature the law of God the Civill the Canon law By the law of Nature to lende vpon vsurie is vnlawful because it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 contrary vnto Nature which thus I prooue Cesare 4 It is vniust to exact any money where there is no commutation But an vsurer the principall being safe doth exact vsury not for any thing els but for the duty of lending only Ergo It is vnlawful and vniust to exact vsurie Ferio 5 A thing that is vnfruitful by Nature is not to be transferred as fruitfull But money is a thing that is vnfruitfull by Nature Ergo For the lone of Mony nothing is to be exacted especially the principall being safe Ferio 6 The price must not be marchandise or ware