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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A70290 Usury explain'd, or, Conscience quieted in the case of putting out mony at interest by Philopenes. J. D. (John Dormer), 1636-1700. 1695 (1695) Wing H3249; ESTC R12079 43,383 127

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Counsel with others of Precept Be pleas'd to peruse it This saying Divines hold to be only of Counsel and the Conjunction of Lending with other Works which are not of Precept Is no feeble Confirmation of it Verse 29. 'T is said Vnto him that smiteth thee on the one cheek offer also the other And verse 30. Give to every man that asketh This lays no Obligation of Giving no more doth the first of Lending Besides Reason dictates the Proposition to be capable of Restriction For tho' a Lender be bound to hope no Increase by Lending he may hope for a Requital of Gratitude Friendship or a like return This indeed as being of less Perfection than to hope it from God we are Counselled to abstain from by hoping nothing from Man Otherwise why might not the unnam'd Contract Do ut Des. I give to be given to as well hold Good being Authoris'd by Christ in the same Chapter if words be taken as Writen Give and it shall be given to you But no need of all this This particle thereby Moderates and restrains the Negative nothing So that the words of Christ as I Apprehend contains both Counsel and Precept Counsels in the Affarmitive part Lend out of the Case of Necessity in Case of Necessity Precept and Prohibition in the Negative part hoping nothing thereby viz. for Lending Three other Places in the New Testament present themselves The first Mat. 25. v. 27. in the Parable of the Talents Thou oughtst therefore says the Lord to the Idle Servant to have put my Mony to the Bankers and then at my coming I should have receiv'd mine own with Vsury The second is Luke the 19. v. 23. Where the Noble Man to the same Purpose utters himself Wherefore then gav'st not thou my Mony into the Banks that at my coming I might have required mine own with Vsury My intent go's no farther than to shew by these Parables How the putting out Mony at Use was Customary among the Jews a Parable being The application of a well known thing as the Putting out Mony was to aless known as the Kingdom of Heaven The Parable moreover represents unto us a twofold Gain the one of Trade the other by Putting out Mony at Use The omission of this as obvious and of less Trouble as also less Profit is reproached to the idle Servant Usury in that place being taken in a good Sense as Interpreters observe It having then been a Custom of the Jews to put out Mony had it been Usury so to do expressly against Law Christ so Zealous in the reform of other Disorders had never passed so great an one in silence The third place Matth. the 21th and Jo. the 2. relating the Execution done by our Saviour upon the Bankers in the Temple has scarce a shadow of Difficulty that Comportment of his having proceeded from the abhorrence not of Usury but of the Profanation of the Temple as appears from his Words Make not the House of my Father a House of Trading St. Paul in his first to the Corinthians Chap. 6. in the Number of the excluded from the Kingdom of Heaven specifies Thieves and Avaricious but makes no mention of the Putters out of Mony the true Son of Usury being comprehended in Theft and Avarice For Avarice is the Parent of Extortion Fraud and other unlawful Dealings and therefore Extortioners are nam'd there For such is the violence of Avarice where it reigns that it murders all thoughts of Charity and breeds such a Passion for Lucre that it catches at all Means Just or Unjust and one of its proper Effects questionless is Usury A Disposition of this Nature constitutes an habitual Usurer its Execution and Actual More than this is not to be cull'd out of Scripture as to the true Conception of Usury so frequently and severely reprov'd by Holy Fathers Out of whom Monsieur Du Tertre has handed the choicest places to me Wherefore my next work is to give them their true Construction that by Mistake they may not work upon the Weaker ART III. Of the Case as to Church TESTIMONIES of Fathers Councils and Popes Answer'd CHAP. XIII CITATIONS of the Latin Fathers AS beyond all Doubt Holy Fathers were given to the Church for Interpreters of the Divine Law and true Sense of Scripture so the Practice of the Church interprets them and is to be their final Rule and Judge as well as ours Some things are spoken by them Orator like others Dogmatically Dictates of the first Nature are no ways Obligatory Sayings of the Second are yet no farther binding than the Church accepts of them I say not this that I meet with any one Quotation that condemns the Common Practice but only to give a true Account how far their Authority reaches They generally run down Usury viz. Either taking Interest for Lending or Extortion And he that puts out his Mony at Reasonable Rate cannot be said to receive meerly for Lending or to Extort A regard also is to be had to the Times and Circumstances in which they Writ Mony then Running at Cent. per Cent. and Heathenish Customs of Exacting upon the Poor still being in Vogue These Reasons might influence their Zeal and give Fire to their Vehement expressions and tho' chief respect is to be had to the Primitive Doctors of the Church yet we are not to lose the Esteem due to those who according to the Apostle God has plac'd in his Church from time to time to Succeed them nor ought they to be Slighted with the Lessening Character of a few Casuists as du Tertre makes bold to do The Casuists are Devines neither a few but the greatest Part and the Learnedst on which we ground our selves as to the Case The Holy Father most quoted is St. Amb. in his Book upon Tobias The Title of his 14. Chap. is de Vsura Divina Lege Prohibita Of Vsury forbidden by the Divine Law There he thus defines Quod cunque sorti accedit Vsura est quod velis ei nomen imponas Whatever accrues to the Principal is Usury call it as you Please and in the following Chapter Expounding that Passage of Deut. Non Feneraberis Fratri tuo sed Alieno Thou shalt not Lend Mony for Vsury to thy Brother but to the Stranger Quis erat says he Tunc Alienegena nisi Amalec nisi Amorrhaeus nisi Hostis Ibi Vsuram exige cui merito nocere desideras cui jure inferuntur Arma huic Legitime indicantur Vsura- -Ab hoc Vsuram exige quem non sit Crimen occidere Vbi Jus belli ibi etiam Jus Vsurae Who was then the Stranger but Amalec but the Amorrhaeans but an Enemy From him who justly thou desires to Harm Exact Vsury Take Vsury from him who it is not a Crime to Kill Where there is Right to War There then is Right to Vsury So far St Amb. after his Eloquent Manner in a Transport of Zeal For these words of his contain much Matter of