NORTHWESTERN UNIVERSITY LIBRARY The Gift of PROF. LAMBERT BESTS STTTdej C7j ri/ti Being A REPLY T O Mr. fSLI3^g£^S Wttrer CafiL Whereto are adjoyned, fome &tttmahberfton£ on Mr« Bottoms and Mr. CapeBs DISCOURSES Concerning the fame Written By T. P. -# — —— 1 — 11 ' " Cicero de Offic; 1.2. p. 89. In illo autem altera genere largiendi, quod a liberalitate opcifatur, nenunomodo indifiaribus caufts affefti ejfc - hsmui: alia caufa eft ejus qui calamitate premiiur; £? 'j'M, qui meliores quxrit, nullUfttti rebut adverjis. L O N D O N: Printed for Egbert Clavel, at the Peacock in St. ■F^ars Church-Y 8 k L 167 9' the PREFACE. _ Here, have been in thefe Utter days many nice and curious inquiries brought upon the Stagy, which tend to jlrife ( befide f ome other that directly lead to ungodlintf <)and therefore jmay be referred to that vain Jangling cenfured by the Hpoflle - as norvay con- during to the enhghtning of the Under- Jianding, the reforming^ theLife, or direct ina the Practice. O To thefe appertains not a modefl inquir ry concerning the making gain of Loan, IVhether, and how far it may be Law- >ful ? Practice relating thereto being fo common, and the mof of Profeffors one ' way or other Lnterejled therein ; a due and right information feems veryrequi- i fite-, and thejuf fating of the Question of no fnall importance• both extr earns being THE PREFACE. being of ill confequence: the danger on one hand is , left by fetting the bounds too wide, the Floodgates to many unjuft and unchriflian practices be drawn up, which of their own? accord break in too faft. On the other hand, by a too rigid and fever e prohibition of Ufiry in all its kinds and degrees, be they never fo moderate, there is danger, left the Intereft of the Nation be prejudiced, the Cunfciences of many be wounded,aud the Credit of more blafted, The vindication of either of thef e were enough to juftifteme in this deftgn and at- tempt fvhatfoever the fuccefs btj much wore where there is a concurrence of all three. The Advantage and Intereft of this Nation is 1 not a little concerned in the matter of Lending for gain-.This way ma- ny Thoufands of Pounds come to be tin- ployed in Trading and Merchandi zing, which would other wife be diverted to o- ther ufes, or hoarded up to no nje, where- upon would necefarily follow the decay bf that which is the fupport ofthislftand. Landing being on all hands acknowledged neceffary to the upholding of the Com- mon wealth, there is little reafon to ima- gine THE PREFACE. one,. fine this Lending would he Jo confant too * and common, without fome end uragemnt a »a to the Lender, te| 7"he Confcience of Chrifians, as reel I Oi as the welfare of the Nation-, is concern- vere ed in the Que ft ion of Ufury : the pra- id ciice whereof having gotten an ill name, tkre and much decried^ and conftantly batte- 'ition red by -objections taken from Scripture ut)k and Fathers, by Men of Note,Emincn- i|K cy, and Learning; and there having been m Jo little written by way of vindication in dm- our Fnghfh Tongue\ I think there is mch ground enough to fear, that there are di- f ill vers found, no Strangers to the practice, who do it with a doubting Confcienceas this 'not fully fatisfed in the Lawfulnefs of tk the thingpraclifed. There are fome alfo pit- that lay fcruples in the way of the Giver, in- as well as Taker of life. condemning both the one and the other, to f yindfeeing^ where Confie nee is engaged, re- Credit and deputation cannot be uncon- cij cerned; there are many fober and Can- nl fcientious Christians, Lending for gain-, 'yi that deferve to have their Invocency clea- ■m- red upland Names vindicated from thofe M: ' foul unt THE PREFACE, foul afperftons that are cajl upon them by fuch as are contrary-minded,and by none ntort than by the late Author of the llfu- rer Caft : The which bears in hard upon Mens Credit and Conferences, charging every one with damnation that takes any thing by way of gain or recompence for Money Tent. A heavy charge indeed,if true ; but whether (o or no,is the defign of this following DiJcMrfe to inquire. The handling whereof hath been defign- edly managed with that plainnefs and fa- milidrity of Stile and Language that was requifte to fuit with the ■Capacities of thofe that mostly need fatisfact ion in this Controverfte. I have all along called in the help of feveral of our modern Learned fVliters, both Divines and others: And probably I may incur cenfure for Larding my Dif- courfewith fofrequent Quotations, but I thought I could do no lef r, to count rbal- lance the oppofteplea that is nfually taken from numbers and Learning : thereby to make it appear, that the opinion / plead for, is n ither fo ft range nor uncouth, as fame would obtrude upon thefVor Ids be- lief: THE PREFACE. lief: slnd that there is no fitch caufe of be- ing afhamed of owning that judgment or practice, the which h.ith been pleaded for by Men of fitch Renown and Emihency in the Church of God,both for Piety and Learning. It was a Sage Obfervation of the Roman Orator, That it often comes to pafs, that what was generally counted difgraceful, may intimebe found not to be fo. I have now and then made ufe of the tefimonks f^» *$» rte . t^M^S^ilc? W11- * ^isaDog, like the Devil, Extortioner, p. 21, (Sc. e - <«« unffl p erf on, a biter, a thief, covetous, , t .a deflroyer, a tnercilefs perfon, Murderer s t j Baptifed Jew? wade equal with Adulterers, fof the generation of Vtpers, is not in cafe to (\:& Ve an -dimes, y p. 7. %, SReptytO Mr. Jelinger'g ny other unwarrantable By Jcr. Baiting p. 226. pretences and cloakes, too commonly made ufe of by men for the increafing their own gain by others fofs-, all which bear the name of Ufury, and under that Notion } taken notice of by the Expofitor of the Catechifm ufed in the Low-Countries , and in the Dominions of the County Palatine. In condemning things of this or the like Nature, I dare lay, there's none of his Bre- thren would fcruple to joyn with him : but whiles he overdoes it, and under the lame condemnation brings all others, that receive any thing back above the Loan, or that have but an intention or expe&ation of gain on that account it mud not be thought ftrange, if all men are not of his mind here- in. Let it be confidercd, whether it be not a likely way to ftrengthen the hands ar.d harden the hearts of griping Ufurers, to joyn with them a great part of this and 0 ther Nations; and among thefe too, many fober, ferious, pious, learned perfons I fay again, fuch confuled writing of thing and perfons, as we find in this Treatife, a more likely way to harden Oppreflori and greedy Cormorants in their unjuft anc rapacious practices, than to convince them, or abate the number of them. Mr. J. makes choice for the ground- work of his difccurfe, of Pfal. 15.5. B that 11 0 Sm » H it (" h Jr jrii ift .ta wtum Catt. 5 that putteth not out his Mony to Ufury: at; from whence he obferves, No Vfurer li- f me ving and dying in the Sin ofVfury\can be fa- ithc ved. To counterbalance his argumenta- p tion from this Text, Ifhallcite Mr. Dix- ipr ew's Commentary on the fame. A Sixth tl fl fruit (faith he ) and evidence of faith, is Oris? difpenfmg with Commodity, when God by a fecial reafon calleth for fo doing, albeit o- at I. therwife a man might take reafon ably more hisE' gain ; many of fuch fort of cafes do occur in m: Merchandise, and in exacting of Rents and jactai. Debts, as circumstances may teach, when it rat and where God calleth for mo ft moderation : , ortl Such was the judtcial difpenfmg with Com- aoi; modity, put upon the Jews for loofing the tho. Toke of a Bought Servant, being a Jew, at indis at the end offix years, and quitting of Ho u- fes and Lands bought from a Jew, at the itbt: Tear of Jubilee, how dear foever it cofl the andi • Buyer', and not taking Vfury of a Jew, jrers, wherein the Jew was priviledged above men lisaK of another Country : for in all thefe three par- 50,1c ticulars, it was lawful for the Jew to do o- iji therwife with other Country-Men, viz. In ftlib buying a Servant from a Stranger of another tife, Country, and tranfmitting it to his own Pofle- ireffc rity, and taking Vfury of a Stranger, ac- jufta cordmgto the Rate which was acknowledged • the on all hands to Jland with Equity; which Commodity if an Ifraelite did not difpenfc rtfOiz With toward an Ifraelite, it made him fhort ' 5. B i »/ I> ' • 1 6 % HCpfy? to Mr. Jelinger 'g . of this commendation of the true Ifr?. elite, who putteth not his Mony to Ufury. Thus far Mr Dixon , who underftands j { the Law concerning Ufury, with feveral '• others, to be peculiar to the Jew if > Nation j / and Common-wealth. p e g, To Mr. J. perfonatir.g David , I fhall . fay, unlefsheufe David's fling with Da- : vid's fpirit, it were better he let it alone j left letting flee, as he does, amongftfucha heap and Conglomeration , ( as he calls them) ' fuch a mixt multitude, I mean, astak^in- creafe, inftead of (foliah, he hit fome that truly fear God, wounding his little ones, and making fad thofe hearts he ought not; and fo be brought to Confeflion and Re- cantation with Job's three friends, that \ fpake not aright of God, and to the grief ' of his Servant Job. Chap. 3. The feveral Names by him mention'd as v given to Ufury, I fhall not here concern myfc-Jfin; there having been, andftill is fuch rigid exa&ion and bitter oppreflion in the world, whereto all his Titles and Ety- mologies attending properly belong, p. j 0o But Intereft he will not have called; : Why not i Seeing Intereft is an Overplus a~ bove the Principal , the which he confefleth the Antient Doftors of theChurch call U- fury. Let us fee his reafon to the contrary. Intereft with him is lawful, becaufe properly f -tis damage Money to be paid for the keeping * batk. bac^ of a Mans Monty. Mark the Nicety; It is unlawful in his Account for a man to receive from another any thihg for the pof- feffion and uieof h;s Moneys but, faithhe, for the fame Money unduely kept back 'tis lawful to leceive damage Money. That is, in other terms, if you lend your Money for a half year only , it is unlawful to take life for the Money fo lent, whatfoever lofs is by you fuftained •, but if the perfon to whom the loan is made,keep it beyond the time Covenanted , then you may take fif not life,yet) damage Money for the detai- ning thereof. If Intereft may be paid,why is it not as lawful for me to give for the Improvement I have made of another sMo- ney, as for the lofs he hath fuftained by the loan ? The weaknefs of fuch reafoning with the nicety of fuch diftinguifhing, I find fuf- ficiently laid open by the famous Grotius-, Annot. Gideo a pier if que, &c. I perceive ( faith he) 171 that tnofi of thofe,whocondemn Vfurary con- 35* trails, do not difallow of fuch Zlfury as doth arife from delay,and thereupon grant, that unlejs the loan be returned at the time appoin- ted,I may contract- for Vfury, but what other is this, faveto affxthe Law to Words, and not to things ? For, if that opinion be rcceiv- ed, it fall be lawful thus to covenant; unlefs you repay within three days,you fall give fo much for delay, if fo be the mention pf thofe B 4 three 8 & mepfy to Mr. Jelingef'g three days were omitted, the Contrail Would he unlawful *, fuch are the Subterfuges of words, whereby the fubtilty of the Schools de- fends it felf y which when applyed to things, then its vanity appears. In Grotius his Account then, thislegiti- mating, paying for delay, by fuch as plead againft all ufe, is but a hard fhift they are drivento, a playing with words or ameer evafion. I would be fatisfyed, if Mr. J. pleafe inthefe following Inquiries - , i. Whether it be lawful for one that lends, to Expett fomething for his loan , upon a fuppofition of this delay? 2. Whether it was lawful for a Jew lending to his poor Brother, to receive this Damage-Money ?' 3. Whether, if Damage make the gain thereupon taken lawful, one that puts out his Money for a year to his damage, may not as juftly re- ceive fatisfattion for that yearsdamage fu- Gained, as for what accrues in the years fol- lowing, when the time is expired and pay- ment delayed ? with what ballances do they weigh, that hold it lawful to receive late- refl-money either upon the Account of gain- ceafing , or lofs fufiained ', and yet condemn the receiving any profit for a certain fum lent for feveral years ; feeing it is fo hard to make an univerfal Diftin&ion between the one and the other ? ■ I attend his motion onward: Damge* mum CalL 9 money ( faith Mr.?.) is to be paid for the beep- ! '1 ing back^of a mans money when it was due ^ Whereas,fay i,it was by theLenders volun- % tary confent, that the Money was at any time undue , being he might have kept it at ;"[■ firft in his own hand if hepleafed} and by ^ the like voluntary confent it might have ® continued undue for a longer feafon- I come to the Definitions of Ufury pro- p. ii. duced by him, home whereof place it, in ^ Exacting gain, others in the Compact or Co- she: venant , he alfo in the ExpeEtation Though Mr. J. frequently boafts of the numbers fa ftanding on his fide, yet he produceth very few, that go hand in hand with him, infta- M ting it fo high, viz.. in the expectation or itk hope of any gain. taifi His own Definition is this, Vfury is a fori certain and abfolute gain, compacted for, or yrt' cxpcEled , and taken for the loan of things , [eft- fthich may be con fumed in the ufe thereof. sfol- I know not whether this Definition be pay' to be taken in a compounded or divided they fenfe ; 1 mean,whether this gain, to make hit■ it complete Ufury , mud be both certain «?- and abfolute 5 compaBed for, expected andta- in hen,he. or elfe any one of thefe differences m added unto gain, as the Cjenus, may be e- rd nough to make it Ufury, provided it be, for en the loan of things , which may be confumed in the Vfe thereof. If it muft be taken in •e- a divided fenfe (as the disjunctive particle ey " would 31 Btplt to Mr. Jelinger 'g would inforce) then fome terms are redun- dantand fuperfltious; but if it be taken in a Conjunctive Senfe, then whatfoever gain fo taken or expefted , is not abfolute and certain but uncertain and conditional is not Ufury •, fo alio, when the fame is expected, but not compacted for. Befides, This limi- tation of abfolute and certain ( whatfoever the reft be) is not fcriptural j but added ('tis like) on purpofe to falve Adventuring from being lll'ury ; For all the other parts of the Definition agree thereto. So doth his feconcl Definition, which is ,Whatfoever is more then the principal, compared for, or expected, and taken for the loan of things, which may be confumed in the ufe thereof. The like doth that taken from Ambrofe,\ iz. Whatfoever is more than the Principal is V- fury , as alfo that other Definition, which he lays is generally received, viz.. All that a man takes over and above the Money lent \ Such, I lay, is gain upon adventure. Hie which being denyed by Mr.jf, let us examine his Reafons *, The gain of adven- luring (faith he ) depends upon the Ships fafe coming and going. Andfo doth the gain of loan, and prin- cipal too, depend on many mens fingle ho- nefty^ability.and integrity *, or if it did not, there is jn the > former proportionable gain thatanfwers the hazard,in thatthe adventu- rer takes three times the gain (or more) that tBftmrCafo n that the other takes, who lends upon Ufe. He adds, PBecaufe the Principal is lofi, if the Ship be lojl. I Reply,fo the lenders prin- cipal is loft , if the Debtor break •, and fo too the Adventurers gains be great, if Ship or Bills return. He goes on with Explaining the Term of the Definition *, It is gain compared for-, —thus much thou mufl pay me for Dfe. Reply ,He is not ignorant,that fome lend without fuc'n a Compartr, the which yet ef- cape not his cenfure. It fhall fuffice here to fay, that it is the law that bounds and li- mits thefumto be taken", and ordinarily to take, what the Law (grounded on Equi- ty) allows,I fee not the Injuftice ^ for if it be the Law, that diftinguifhes propriety, and in fome cafes 3 with us of this land , ftates the price betwixt buyer and_/e A?r,why it may not do fo here in our Cafe, I under- ftand not. Or Expelled or Intended. Mr. pf; This is pleaded from our Saviours Injun- rtion, Luke 6. 35. And lend hoping or look^ ing for nothing again. This being the place of Scripturehe builds fo much confidence on, and fo often quotes to prove their ftate damnable, that expert any the leaft gain from Loan: In the fenfe hereof, if he be miftaken,f as I doubt not to make it appear that he if) then down totters his Definition, with all the harfh cenfures built thereon. For his two Divines here cited by him to ftrengthen 91 Iftepl# to Mr. Jelinger'g ftrengthen his Interpretation of this Text, I fhall give him by and by feveral others, that put other fenies upon the fame,and thefe more probable. In the mean time I {hall demand, whe- ther this intention , or expettation of gain werellfury under the Law, afore thefe words were fpoken by Chrift ; or was it unlawful under the Law to lend hoping for any thing again, from any hand whatfoe- ver ? if yea, where was the fame prohibi- ted ? produce the Text: But the contrary can be fhewn, in that lending to Strangers for gain was allowed ; and therefore gain expefled, did not univerfally lay open the the expeftant to cenfure. But if this be only a Definition of Ufury under the Gof- pel, then he neceflarily falls in with thofe which hold, that Chrift did not only inter- pret, but added to, and perfetted the Law by new Counfels. He aflerts, And taken , as part of the Definition, yea, enough to make it Ufu- ry, if Jerom may be judge, whom he brings in faying : Whatfocver it be that a man tak^ eth above that which he gave or lent, is cal- led Ufury or an overplus. If this be true, it makes againft Intereft and a free gift too, (which are yet by Mr. J. allowed.) for both thefe are taken. We underftand far- ther from him, that this taking muft be nei- ther dire&Iy nor indireftly,neither by him- wtuvzt Catf. 13 felfor another, as if it were fome bribe Or Simoniacal Contrart. He fuperadds, for Loan •, for that is the Ingredient that poyfons all. 1 may then receive a free gift from a rich man, be it Mony, Houie or Land: but if 1 expert, or receive any of thefe from him upon the ac- count of Loan, this is the fin of Uiury. But why may not any thing be taken' for Mr-?-p.i Loan ? becaufe Loan ought to be gratuitous : Of a truth this is a free borrowing, or ra- ther begging the queftion, taking that for granted, and ufing it as an argument which is the very thing to be proved. How proves he that taking gain for mony lent is unlaw- ful ? his realon is, becaufe all Loan ought to be free. How doth he prove that all lend- ing even to men able to make recompenfe ought to be free f that of Luke 6. 3 5. will prove no more but that we ought to lend freely to fome perfons there intended, the Poor, fo fay moft Divines that 1 have met with on this Subjeft; at prefent I fhall name but one, viz.. Mr. Tho. Taylor: On Tit. 2 Thirdly , ('faith he) be ready to difiribute 12 .P .471 and lend freely to the Poor, looking for no- thing again } for there is injufice as well in withholding that which (jods Word hath made another mans Due, as in purloining his Right from him : Now the Word commanding to give to the Poor according to every ones abi- lity , and to lend to the Poor Members of Chrijlj M • ■<* 1 ■ ' ' " c ®SE ; •» •.£* 14 91 Ecpi 1 ? to Mr. Jelinger'g Chrift, if need require, freely to be hard- hearted and fir ait handed in thefe cafes, is to be un]ufl, &c. But if all lending muftbefree, then let this contraft pal's under another name, and that fore is healed. Hear Ames •, De Conf. That all Vfury is generally and abfolutely M* c ' 44- unlawful, can fohdly be proved by no natu- ral reafon : Not of thofe who fay that lend- ing of its own nature ought to be free for neither can this be proved ; that all lending, howfoever circumfiantiated, ought to be free j andif this were granted, nothing elfe would thence follow, but that lending, if it be not f reely done, paffeth into fome other Contracl, either named or unnamed $ either fmple or compound. The Oppofer for proof of his laft alTer- tion, brings in God faying, (Deut. 23.19.) Thou Jhalt not lend upon Vfury, but that is elfewhere limited, tothypoorTrother. The clofe of his Definition is, for Loan of things which may be confumed in the ufe thereof, from Deut. 23. 19. Reply: If money be confumed in the ufe thereof-, yet Houfes,and Fields, and Land, and Wares remain which were purchafed by the confumption of this money lent. Of no more ftrength is that argument which is taken from the felling of Wine and the ufe thereof: which arguing, I find be- lit fupra fore-hand confuted by Learned Ames, fay- §• 8. ing, wfuxzx Caff. 15 ing, It cannot be proved by thofe who alledge, that in fitch things as are con fumed tu ufing, the dominion is not dislinguijhedfrom the life, and therefore nothing can be taken for theufe, beyond the Worth of the thing, or the thing it felf: for it is anfwered, the gain is notrecei- 1ted meerly for the ufe of the thing lent, as to its flib fiance *, but as to its worth or fruit, which remains after the fibfiance is confum- ed, and fitbfifis often in things which are not confumedin ufing % as alfo for the office and all of lending, from whence the borrower makes his advantage. 'Rivet anfwcrs the fame Objection} Quod ^ vet Ex _ (tutem mfiant, &c whereas they urge,TW plic. Dec. the ufe of money is ids confumption, but in p. 257. fuch things, wherein the Vfe is the fame with the Confumption, in thefe the Vfe is not fepa- rated from the Propriety neither may dfslinll things be received for both } as Wine and the Vfe of Wine cannot be fold apart ,becaufe this is the very confumption of the Wine : That is eafily anfwered,by difiinguifbing the ambigui- ty of the Word lile, which fgmfieseither the Confumption of the Money, or the profit gotten from the Money confumed • although there- fore the Propriety ofthe Money, andthe right of confuming it, or the Vfe cannot be feparated ■ yet the Confumption it felf is one thing,and the x profit or gain thence arifing is another-,thecon- fumption is but once computed, not twice', and the * to Mr. Jelinger'g the train al/o is once computed •, an equal fun* is repaid for the principal Money con fumed y and fomewhat be fide is not unjufily demanded for the undue Office of lending , and for the time wherein the Money was detained ^and for the Creditors miffing the means of increafing hisownEftate. So thenthe light Mr.J. promifeth from the Argument of Wine,and it's Ufe,as di- ftin&, will prove but darknefs, And the Ca-, was by a free Contrail on the lenders parr, ^ k who might have ftated the day for return of etk payment, fooner or later, as he thought nd f behoveful for his own convenience : it feems then, for money delayed beyond the pi day of payment, I make Interefl ; but for Sflfe Money lent this fide that day, I may not jigtki take any thing with a fafe Confcience: this isfuch dilcourfeas will puzzle a man to find iktlS out the reafon of. let ft I fhall borrow help from Learned Rivet \ lor; to anfwer this. —— Adde, thatthey who P* 2 $ 2, npl otherwife are wont to reject all other Contracts 0i of what foever fort, wherein for mony lent, 1 pa any one bargains for a fum above the Princi- fytlpal', yet With common confent, they do pro- fit pofe divers Caufes for which they determine ficb a fum may be taken, I. If the Debtor ftn be in delay of payment, for then, if he pay not at the fet time, they thinkjhat fomewhat be- ;v ci yond the Principal, as they call it, may be ex- il5 ib acted by way of punifhment •, becaufe this de- p!' lay may prove hurtful to the Creditor. More- [Been! over, when any one fuffers damage on the ac- .jolt count of his mony lent, this damage, which tiftf G 4 arifeth •? M -m fffr ^BBBBSBgigaBBmSr p 24 SI Eeplt tO Mr. Jelinger'0 anjeth from the laying out of his money, he may by right demand fome recompenfe, which they call gain from damage-ariftng : as when one with the fame money which he delivered to another, at the fame time, could and Would have gained fomewhat himfelf', they judge it lawful to covenant with another, and to re- quire fomewhat beyond the Principal, becaufe it ts unlawful for one man to gain with anothers money to his lofs, arifingfrom gain- ceafing : yea though it be not certain, yet when lofp is probably feared, may the Creditor lawfully covenant, before it happens, faith Tolet. I. 5. de inftruc.fac.c. 34. Mr. J. Ship loan is differencedfrom Vfu- Y h in that, this is a certain gain without ad- venturing ; but Ship-loan is upon adventu- ring upon a Ship, Principal and all; fo as that if the Ship be loft, all is loft.. Reply: Whereas he is wont to fend us to Scripture for a proof of the lawfulnefsof lending to the rich, |et him exprefly prove from the fame the Iawfulnefs of this Ship- loan : and as I have faid before, let him confider how the greatnefs of the gain, comparted for and experted, may ferve to counterpoize the hazard that is run. De jure Hear (fr otitis : That one of the company (Jc.p.236. be partaker of the gain, but fecuredfrom lofs, is indeed beftde the nature of fellow(hip', yet it may be fo agreed on without injury : for the Contracl WiUbemixt■ offellowjbip, and.of, the mtuxzx Caff, 2$ the Contrail of In faring \ wherein anequali- ty will fo be preferred, if he receive by fo much the mors gam, then otfrerwife he fiould receive \ if he had not taken the lofs upon himfelf. Rivet writes thus: Neither doth this Con- p. 2S2. trail of Vfury differ much from the Contrail of Fellow flip, as they call it when one man can trade, but wants money • another has money, but cannot trade : ifthefe enter into fellow flip, that the one fiall bring his money } the other beftow his labour : which contrail if alfo counted lawful on both fides *, for what is Wanting of money is fapplied by induftry, and on the account of gain refulting from the ufe of the money, there is fomewhat given infe ad of a recompenfe to him that laid out the fame. Mr. J. 1)fury is different from liberal in- creafe, in that this comes unlooked for, and not the other. 1. Reply: Whoever hath gained by mo- ney lent him, is by nature it felf bound to be thankful; yea, ("upon due fuppofals) to make fome requital - , unlefs he would be found to have lefs of humanity, than the finners of whom our Saviour fpeaks in Luke 6. 52, &c. who love thofe that love them, and do good to thofe that do good unto them. It will be eafily granted, that he which par- takes of the benefit (if able) is bound to fome requital, but for the benefaftorfo much as toexpett,or look for any returns, is, z 6 21 to Mr. Jelinger'g is, fay they, an horrid fin. Strange Do' ftrine! 2. That one benefit ought to be anfwe- red with another, yea greater, may be D^Off. 1 ' earne ^ from Cicero, in tihefe words : Iffo i. p. 2i.' Hefiod do mjoyn to return the things thou haft received to ufe, with a, greater meafure, tf thou can ft ■, what ought we then to do be- ing provoked by a greater benefit ? fhould we not imitate fruitful fields which bring forth more than they received ? 3. Saith the Law, Thou jhalt not lend up- on ufe to thy brother that is poor by thee: I would hereupon be informed, if Mr. J. pleafe, whether it were lawful for a rich few then to take fomewhat bywayofgra- tuity from fuch as the Law here forbids lending upon ufe too ? Vol. i. 4. I appeal to godly Perkins, who plea- P- 63, (ji n g t h e l aw f'ulnefs 0 f taking fomewhat a- bove the Principal, gives thefe reafons to prove it. I. That which the Debtor may give, ha- ving himfelf an honefi gain befides, and no man any ways endamaged, that the Creditor may fafely receive. 2. It is convenient, that he which hath money lent him, and gaineth by it, fhould fhew all poffible gratitude to him by whofegoods he is enriched. 3. It is often for the benefit ofthe Creditor to have the goods in his own hand which he lent. 5 . Rivet fpeaking of this gratuity, proves wfum Calf* that men may by Contraft be bound to re- turn it: That (faith he ) which by the law of gratitude is due from other s, is not unjufily received : but they that receive great profit by anothers undue loan, owe fomewhat by way of gratitude } therefore it is jufly received. If any Jha/l except; the wealthy Deb- tors are indeed obliged to gratitude, but that ought to be free, and they are not to be bound thereunto by a Writing given under their hands: I deny, that in this cafe fuch agra- titude is fo free, as we call thofe things free, the which it is in our power either to do, or not to do ; feeing then it is a natural obligation, which may not be omitted, covenanting for the fame will not contradid natural right: like as every Debtor, although he be bound by the law of Nature to render the. Principal, when he is able yet it follows not, that he ought not to be obliged fo to do by Bill: the like we fay of that debt of gratitude, which is contracted after that manner we have fpo- ken, for fince from an inbred corruption, a great ingratitude pgffeffeth mens minds, fo that unlefs they be tyed up by fpecial bond, they feldom thinks of making returns, much lefs of an equal recompence: the which is com- plained of by the Son of Syrach, Chap. 29. v. 4, &c. It is ft that the Debtor be not only bound to an infuring the Principalbut alfo to a recompence of the kindnefs the which if moderately fated by Tublick yJuthority, he feems -7 £Eepl£tO Mr. Jelinger'g feems not to offend again ft the Law of God, that fnters into a Contrail with the Debtor for it, that is not indigent. 6. Seeing then the wealthy borrower, by the law of Nature and common Equity, is obliged to make fome recomperice for the gain he hath received by anothers money : to fay, that he ought indeed to do it} but that the Creditor may not fo much as hope or expett the fame, is ineffettto fay, the Creditor may not hope or expett that the Debtor will prove an honeft man, or do that which by Nature and Rules of Grati- tude he is bound unto. 7. I think it not out of my way to tran- j fcribe fome paflages of Seneca, of the like ' import: 7 here are many who neither kttow how to deny what they have received, nor to requite it j who neither are fo good as the thankful, nor fo bad as the unthankful men flow and backward, perfons fluggift, not wicked : thofe I wtH not accufefbut put in mind,and when 0- therwife imployed, / will bring them back, to their duty,from whom Ifhall prefently receive this anfwer:Exeufeme,in truth I little thought you expelled this of me, 0therwife I had done it of mine own accord; 1 pray thinks me not unthankful, I remember well what kindnefs you did me. Why fhould I doubt, to make thefe better to themfelves and to me ? whom- foevcr lean, I hinder from finning efpeci- ti&teet; CaU. 29 ally a friend, both that he may not Jin, and chiefly that he may not fin again (I me: I do him a fecondgood turn, if 1 Jujfer him not to„ be unthankful: neither Will 1 harjhly upbraid him with what I have donebut monifh him as gently as I can: that I may fet him in way of returning thanks, I will rub up his memory, and asf a benefit, he fiiall underfland me to to fetch it back,-, fometime I will ufe harder words, if 1 have any hopes be maybe amend- ed. Mr- J. Ufury is differenced from Jetting and letting- i. That fuch things are (,pro- perly) not lent, as Vfury-money is, but hi- red, or put out to be occupied, as ground, &c. Reply : I (hall anfwer him in the words of Rivet: Hither belongs the argument taken from the likenefs of other Contracts ; For i. By the Contrail of Farming', if any buys a Field, and letts it out to another to be tilled on that condition, that for the taking up the yearly profits, he pay the owner a certain fum of money, or fome bufbels of Corn \ there feems to be no great difference, whether one buy the Field himfelf, and lettitout too- there, or lend the money to another, that he may buy or redeem the field, and for the fruits received pay yearly a moderate fum. I add Windeline: If thou buyefi a Farm, Ethic.Vol f faith he) from whence thou maiflyearly re- I- P- 8oi» ceive the profit of an hundred Crowns, and for 3d & 5Sepi^ to Mr. Jelinger g for the fame fum thou, fettefl it out to another \ none can acci f this Contrail as unjiifl. Jfto buy the fame b arm thou lendcf money to ano- ther, andreceiveft the fame fum from ano- ther: is it not all one whether he pay thee .yearly an hundred Crowns for the Farm, or for the money lent. Mr. J. 2. That things Ictt and fett are not confumed in the ufe thereof, as money it and other things lent. Reply: This hath before received an an- fwer: If money be confumed in the ufe thereof} yet fuch things as may be fett and Ictt are procured by the conl'umption thereof: and is not the Adventurers mo- neyalfo fpent in the ufe thereof ? and yet upon the Ships return he receives the Prin- cipal with plentiful increafe. The laft na- Utfupra med Author anfwers alfo this obje&ion: p. 802. Obj. The proper and primary ufe of money is its conftmptiony therefore it is unlawful to receive any reward for money lent, which it Vfury: Thomas urgeth this as the primarie argument.-—-^- 1 anfwer, i. The Antece- dent is not fmplie and exclufvelietrue-, and the proof is inconfequent. The primarie ufe of money is not fo much its confumption, as the procuring of fomething elfe by itsconfump- tion: for by exchange fomething pajfeth from another to m, and bachjtgain fomething paf feth from us to another, whence we lofe or part with the tight we had to our own, and ob- TOtret Caff. 31 tain the right to fome other thing, i. The conference is falfe, that is not fold which is not; bat profit is received by that thing which was procured by our money \ which often con- fids in fuch Commodities, which are not con- fumed by the ZJfe : Neither is it fimply an- jufi, that two recompences be required for two things : one for the Principal, which is re- fioredthe other for the profit which the bor- rower hath gained by our moneyfor it is meet that fome part thereof redound to us. Neither is the fame twice fold: far money is lent that it may be repaid, and fomewhat ought moreover to be refiored for the gain ; for feeing our. money proves gainful toano- ther, why not alfotoour felves ? efpeciallyif mo f more gam accrue, to that otherthan to our Is'?® felves. 'jab Stipulation is the Iaft Contra# that Mr. P- I 7- jcflffi J. differenceth Ufury from: but wherein ffltf 1 ' the difference lies, I am yet to feek, not- mft- withftanding what he fays. If Stipulation be of larger extent than Ufury (asheaf- : rm ferts) then why fhould it not include Ufu- ry within its compafs, as the genu* includes the fpecies ? Is Stipulation made fometimes before a Judge * fo is the ufurary Contra# made under covert of, or in the prefence of the Law. In Stipulation do both parties 1 fti" equally oblige and bind themfelves to the doing gpf offomethang ? fo do both partys concerned life io St Mtply to Mr. Jelinger'g in Ufury : fo that we are ftill at a lofs where the difference lies. Mr. J. 5. How old it 1)fury ? 6- Whdt generation and kindred hath it ? for its Fa- tber, it hath the Devil, whofe Workjt is j be- ing Murder. Reply: Whether he that takes any thing beyond the Principal from perfons fuffici- ent, be a Murderer, will admit of his new Coyn'd ufe of Addubitation. Mr. J. The Devil was a Metaphorical 'Vfurer from the beginning, to Adam and Eve, as two of the Ancient Doctors of the Church do make him. Reply: Strange arguing! doth he not know and confefs fo much too, that Meta- phorical Divinity is not argumentative? Muftall taking increafe upon Loan be mur- der, becaufethe Devil at firft by drawing our firft Parents into that onetranfgreffion, thereby made way for the ruine of them and Pofterity, by letting in alfo an Inun- dation of Sin ? And may not our Saviour himfelf be ftiled a Metaphorical Ufurer too, fromaftronger proof than what he brings, I mean from Chrift's own mouth in the Parable mentioned, Mat. 25,27 i As for what follows concerning Mother*, Sifters and Daughters ; I think it not worth fpending time and paper on y as carrying no weight in them, iave what is fetcht from the froathof uncharitablenefs \ if intended to ®fttret€a& 33 ® to fit all thofs vvho take any gain whatfoe- ver upon loan: otherwile it will not reach his defign, nor prejudice what I am con- fj" ccrned to plead for. Only a word to what ! )to' isfaid of Cjreedy*stelling her Sifter Vfury ft ill, we mil ft not let our Money lie idle. tiling Reply: 1 wonder how he finds greedi- iffici- nefs in this inquiry it leif^ wherein there MM may be fo much charitablenefs to our Pelves arid others *, If he that hath nothing Witi but his hands to live on, be by the Apoftle Efh.4.2?. ma enjoyned to labour, working with his hftb hands the things which is good, that he may have [jiot only enough for his own corn- ibt fortable fubfiftence, but alio] to give to it Mffi him that needeth. Should he whom God tntatiit hath bleft with fomewhat of this Worlds tibeiB". Goods, hoard the fame up, or let the fame •druse lie by him idle } and not rather make care- fgrcfe ftil improvement thereof, for the preferva- ;gftic tionofhimfelfand his; and that he may jH [mt have to give to thofe that need ? for if the Saviot Stock be exhaufted, it iseafy to think what 0®; will become of the Strcames that are to be ^3tll lent abroad for the watering of others. And 0/ht1 Iftall add further, that I dare avouch, ,y luch as having Wealth in their Coffers,and there let it lye idle, having fair and honeft vrorf opportunities to bring the lame forth, are jjfojij none ofthe beft Members in the Common- Ijjfroj wealth. Such Riches thus Coffer'd up ntfcii bringing no more advantage to the Pub- ' D lick 34 & Eeplt tO Mr. Jelinger'S lick Good, than if it were back in the Mines: So impertinent is the tattle palling between thole .Sifters-, of little more weight is what follows : Mr. J. In Lev. 25. 37- and Deut. 23. 19. over Brother and. Money there is an ac- cent put, that the Hebricians fay, Jhews that the word muft be fun? with a low voice, becaufe Ufury ajfliEls and brings low. Reply: To one contending about a word, it was replyed, That CafaF s Fortunes did not depend upon it: Let this accent be what it will, 1 hope that the fouls welfare and eternal Salvation doth not depend thereon •, fuch Rabbinical Criticifms being too flight to bear a weight of fuch confe- quence. Mr. J. His feventh Inquiry is; What Chap. <, reac fj vJ~ Hr y hath ? j t reachet h (faith he) ve- ry nigh all the World over: For, 1. The Jews who are fcattered are great Vfu- rers. particularly, 1. It reachethto fome great Schollars, as Seneca .• And to Learned Men in the very Church j even in Chryfoftom e'stime. 2. Some Trincesand great Lords in Germany doefpoufe it: fome whereof were well ferved in the German- Wars, when they loft their Vfury-Money, &c. Reply: I know not their pra&ice, and . therefore iLall not plead for them: only where tBfurer daft, [\ '* where is the wonder, or what remarkable ^ Providence is it3 if they fmarted by thofe Wars, under which fo many thoulands of honeft and good men, himfelf in that num- .ber, with the whole Country, and Neigh- bour Nation too groaned ? ■ Mr. f. It reacheth alfo many great Pro- fejfors of Godlinefs \ whom he badly de- plores, as plunged, with their Pofterity, !WI ; into the fame Gulf of this damnable Sin of Ufury. ® Reply ; I could wifh that the excefs of his ,f p Pity, were not from the defett of his Cha- '.7 rity. » Mr. j. Q^S. What reafons hath this ^ DoUrine? Now we come to try his ftrength; all that is paft having been but light skirmifhings: of a truth there is need 5 of ftrong reafons to bear the weight of fucfi itlik affertions as are by him laid down, Viz.. i 1 • That all taking above the Principal, is Ufa- rlit h ry, and all Ufnry is damnable : his principle ' !lc!h reafons are two : the firfi condemns Ufury : ^ the fecond, Ufurers for their ufnry : how )'>"■ diftinftthefe are, I fhall rot ftay to in- quire . fa Mr. J. I. Reafon, Tecaufe this Ufnry nnan treated of is condemned in both Tefiaments» ifa i. In the Old y Exod. 22. 25, Lev. 25. 36, 37. Dent. 23. 19. b s " Reply: i. To thefe I anfwer in the gene- : c 1 ' rah It will be hard for him to prove his wlit! 0 2 Definition, 3 6 & to Mr. Jelinger'0 Definition of Ufury condemned by him, from thefe or any other Texts in the Old Teftament. 2. I fay, Thatthefe Texts forbid len- ding to the Poor upon life, either exprefly or implicitely •, and therefore hitherto we fee no reafon to extend them further. If this be not enough to fatisfie, then I add t 3. The Law was Political, the Natio- nal Intereft of the Jews being peculiarly in- tended by it. Thefe things are here afTer- ted but fhall be vindicated, when he calls us to it again, by anfwering the Objefti- ons in his way, Mr. J. 2. It is forbidden in the New Teftament, Luke 6.35. Lend, hoping for nothing again. Reply : (1.) If this Text be underftood of free-giving, it quite fpoils his Market, and overthrows his Definition. So I find Learned Divines underftanding thefe wordsj without any wrefiing of them: To thisfenfe our Tranflation feems to have re- fpett •, Lend, hoping for nothing again , i.e. neither principal nor over-plus : for though men fhould fail ; prove unthankful •, make no returnes : yet their reward fhould be with God, in Pfal. 37. 2d. Heismer- ciful and lerdeth , the which I think is the fame with what we read, v. 21. The Right• com fticweth mercy andgiveth. If thou worddft imitate the Gods, faid E- ' picurus, wiuwt Caft. 37 picurus, do good turns, even to the unthank- Sen.de fae. 1 • ful■, for the Sun rifeth en the wicked, and Ilct ' 4* the Seas Ft and open to Pirates. Give me a c * *o* " :i man (faith Seneca) upright, plain, mind- Idemc. n. X P K ful, thankful, abstaining from what is a- 1,3 not hers , not greedy, not tenacious of his i own y willing : when I have made choice of ' sC fuch, although he have received nothing from ™ fortfine, whereby he might be inabledtore- quite the kindnefs •, yet the matter Jha/l come [e " to pafs according to defire. If gain, or a for- did reckoning do make me liberal: If I profit none, unlefs he again profit me ; I will not do a good turn to one travailing into far Coun- tfl & tries', I will not give to one that is like to be iff, long abfentj I will not give to one fo-ficky that there is no hope of his recovery \ I will llWi not give when dying, for I (hould have no s iY;: time for receiving again : But that thou Soimayfl know that doing good is a thing to be ig ' defired for it felf\ we help Strangers lately tan: come into our harbour, and prefently depar- iS'tmg : an unknown fhipwrackt-man, we fur- J ifni[h with a Ship wherein he may be carryed b'dhomehe departs, fcarce knowing the Au- dk'thor of his fafety } and is never like mo-, e to foul Return into our company •, he afiigns the G ods tology. But that herein he is miftaken, you may find by looking forth to v. 38. where f . the fa me duty is prefled again: and though d nlt i, repeated *, yet, by his leave, 'tis no tau- ■ , j| tology, or vain repetition, it being com- f monin Scripture to hold forth the fame ' thing in various expreflions, and prefs the fame Duty in the fame or like Notions. If this be denied, let him anfwer Mn D 4 Perkins, IWepty to Mr. J dinger'# Chrift the Perkins, whofe words are thefe : (On Phil. trtie gain, This¥a.\Afets dovpn by a gradation P- 22 " thus, I count them Iofs,I make them my lof- fes,I count them as Dung : This gradation is nothing elfe but a repetition of one and the fame thing inlarged and amplified in Speech : Nova repetitions in Scripture are not idle and vain, as they are often times in the Writings of menj but they commonly fignife two things: the neceffity and the certainty oft he thing repeated. Thus he, and if this be truth, th en what is contrary to it defcryes another name. You have feen the whole that Mr. J. hath fa id to weaken this folid Interpretati- on, or ftrengthen his own. 2. Thfre is a lecond Interpretation of this Text, the which alio befriends not his dpfign. To open the way to this Interpre- tation, rcad,f. 34. If ye lend to them of wJoomye hope to receive, what thankjoave ye ? for fittnsrs alfo lend to /inners to receive as much again : this is to be underftood, not of receiving back any thing by way ofllfu- ry; but of receiving the likekindneis, 7eft 1 oil, aqetalia: as fuppofe they lent a fum of Mony to fupply the occafions of a friend, from whom another time they expert to borrow the like fum to fupply their own occafions. This, though lawful in it felf, yet Chrift thinks it not enough for his Difciples to do, all pcrfons confidcred. "I hey are not only to 'end to them that can anfwer this kindnefs, by 4i tBftiw Cat* by lending to t'nem again ; but alfo to the Poor ■, yea,to Enemies, if ftraightned, from whom there was little grounds to expert an equal favour back. I lay again, what the Sinners are here faid to do, was lawful, the proof whereof you fhall have by and by : In the mean time confider what Grotius writes. j oc> Jf I lend to one an hundred pounds, and a- greethat another time he lend me the like futnm, (the which is right exchange) how can this€ovenant be proved unjujky more than if I /pare my Neighbour an Ox to plow his ground, upon this condition, that he fome time after do the like for me ? I do not fuppofe ( faith our Author ) that the queftion touching Ufury, properly belongs hither, which yet by mofl of the Ant tents is wont to be handled on this Text. Zanchy puts the like interpretation up- In Ephef. on the Text in thefe words: He fpake4» 2 8. therefore of lending to thofe from whom thou can ft not lopffor the like favour or good turn, fuch as are the poor, and unthankful, andal- Jo enemies • but this confequence will never hold good: Love thole that love not you ; thereforedoyc not love thofe love you: Do good and lend to thofe from whom you cannot hope for the like, therefore do not lend to thole from whom you may hope for the like.—— I illuftrate this by a like Text, Luke 14. 12. When thou mafeH a Supper, call not thy friends, nor thy bre- thy en, &c. The — 42, 31 iROplp to Mr. Jelinger'g The Ethiopick Verfion favours this* fence, thus - , And if ye Jhall lend to thofc from vphomye hope fomcwhxt will be retribu- ted, what u your reward. Sinners lend to Sinners that they may requite the lil?e to them. And now love yon your Enemies, and doe them good and lend : not hoping for fome- what to be requited, and your reward } &c. I. There is another • Interpretation ta- ken up by fome, who render theG ra^word by us tranflated, Hoping for again, by a far different fence, they rend ring the fame, Frufirating , or, caufing to de- fpaire, This fence is favoured by the Sy- riackj, f'erfick^znd Arabic verfions, and by fome Divines that follow them. Verfio Syriaca. But love your Enemies, and doe good to them, and lend, neitherfruf- trateye the expectation of any. The Tranfla- tor (faithGtoUWi) thought the fcnfe to be, Lend to all that afke, frufirating none of thai hope which he hath conceived of your benef - cence. Arabica : Lend, & frtfiratc not the hope of any. Perfica: It behoveth you that ye love your Enemies, and be bountiful to them, and lend to them, and caufe not any to defpair, for great (hall be your reward. Thefenfe wherof is ( faith DeDieu commenting hereon ) If any one have need of loan, be not fo rigid to- ward him, us to cut of all hope of a benefit to tmftmt Catf* 45 be conferred, but rather few your felves for- ward in lending. Some {faith Diodate) render it, defpai- ring j others tr an fate it, not any way loo- fng all manner of hope, viz. of a jufl retribu- tionfrcm God, if not from man. Thus Dr Hammond: I tr an fate it, And nothing di- InpoliSy- fir it fine, or, dej pairing : the context fa- no P 5, vours, which runs thus, the Heathen give and lend, knowing that they themfelves may be reduced to poverty, and fo they may receive upon loan from others: but a Chriftian ought to perform thefe things without any fuch de- ftgne, not diflrufting but expelling God the rewarder : whereto the following words be- long. Patting by other Interpretations, you fee how many the text is favourably capable of: and thofe more probable (fome if not all) than that Mr J. brings from the Ful- gar reading. 4. But let it be fuppofed, that his In- terpretation be the trueft, viz. Lend, ho- ping for nothing again, by way of ufe, this may be, and yet not all taking of gaine for loan be here condemned, to this purpol'e I fhall produce what Mayer writes thereon. Now (faith Mayer) we cannot be thus kind unlefs we lend our money, or any thing elfe to our Neighbour freely, if We can fpare it for a time, he having need thereof, but this free lending is not without looking to have 44 Mr. Jelinger'jS the thing lent referred again ; but although he to whom we lend be poor and cannot, or a ehurle and wiH not, in the like requite m in our need. A man is not hereby bound to lend freely any great fum to the rich for fix or twelve months,at the manner is moft Common- ly of lending or borrowing, but only for fome fort time, that fo his neceffty may be fuppli- ed, and the lender may have his money again in due time for his maintenance. If other- wife one man puts his money into the hands of another for his trading and commerce from year to year,it is not againfi this pre- cept to require recompence therefore•, be- caufe there is a gain coming in hereby, with all which it is no equity that the borrower fhouldgo away with and the lender not have ap roportion according to the money ent. This duty then muft neceflarily be re- ftrained to the perfons that are fit obje&s for our charitable or free lending - , for all perfons may be branched into three forts, i. The extreamly poor and necefiitous. 2- Others not fo poor, but yet of mean condition, and fomewhat ftraitned. 3. The rich or wealthier fort- As to the firft ranke, Give to every man that asketh of thee, Vcr. 30. Mr. J. Surely will not iinderftand this without limitation : it muft bereftrained tofuch as are fit objeftsof ourAIrncsj otherwife there would be no roome ©furer Caff, 4* room for lending} v. 36. Lend, hoping', &c. this, let it be granted, concerns the fecond fort, to whom we are to lend gratis, expelling nothing back befidesthe Princi-* pal} yet this hinders not, but that from others, beyond thefe in condition, we may receive fomewhat back by way of reward for the Loan : for if, Give to everyone, ne- ceflarily hath its reftrictions} why ihould not, Lend,hoping for nothing again , have its reftri Iltt duced from this Text, which being the foundation of his Definition^ this failing !K -' him, the reft ofhis building falls. .- r Mr. J.l. Reafon: Becaufe the Vfurer Us to jlandeth exfrejly condemned by Gods own ■ mouth. Reply This is eafily granted with the C F aforefaid limitations: Who are thole U- Wit furers, thus condemned ? Such as by gri- {rm ' pmg Ufuryopprefs the Poor and Indigent, ofwhom'tis forbidden to take life. I lhall tttfiiit a nd do all along vindicate onely the Lender reo=; for gain, that keeps within due bounds, ">! - not offending againft Equity and Charity } ty ^ leaving others to ftand on their own legs : ofli' And with this limitation^ I come to try do no: the ftrength of his Additional Reafons. :pcstf Mr. J. i . The Vfurer is a Biter: for his chilli Bin ii Nefheck, biting. Reply: What the Reverend Bifhop An- d>s dreWs fays upon the fame word, though on :fai c the other fide, may lerve for an anfwer ;jd iiC here: He afferts from Galen, that Etymolo- 'rislikt gy is a deceitful witnefs. But if Mr. /. will , fflB needs place an Emphafis in the word to than! make of it an argument; we will grant ; be: him, That all llfiury which is biting, is de- ,Poor, fervedly exploded ; but deny, That all i, te gain taken for loan, is fuch. E Mr. fm > £ Eepl^tO Mr. Jelinger'g Mr. J. 1. The Ufurer is an Exacier or Extortioner. Reply: A man may without offence re- quire hisdue, if that be meant by exatt- ing, and the duenefs of what we are plea- ding; will be farther proved *• But Exattion ufually (ignifies, a requiringfomewhat with rigour and feverity : And Extortion is a wrefting of anothers Goods without right and confent: Prove that thefe are commit- ted as often as life is taken, or elfe what was intended for a reafon, proves a Ca- lumny.He goes on faying ; And taking ma- ny times excejfively more increafe than he ought to take. Reply: Such as take exceflively more than they ought, we grant, deferve this his reproof; but then it will follow, that fome increafe he may take. The fame word which our Tranflators render Increafe , the Dutch Annofators Tranflate Excefs of Cjam, Ez.ef 18. 8. Mr. J. 5. The Vfurer is an unjufi per- fon. Reply : Where no Rule of Juftice or E- quity is violated, there can be no Injuft- ice; yea rather, he is the unjuft perl'on, that borrows Mony to enrich himfelf, and increafe his own eftate, not caring to make :re _ meet returns for the fan e. (Jrotuss (as be- 238. fore fhewnj quotes Androniciu Rhodms, faying, The gain which is taken by the con- fent mfurc? Caff* 5 fent of the Contra'cVbrs, is neither unjufi, nor ... reprovable for the Law grants the free^ , power thereof. And Cjrotius himfelf lays, ; r He with whom we tr an fact, acquires, by cur f -private con fent, not only an external, but i internal right, in our Goods. ■/ Hereto may be fafely applied, what Dr. b Jer. Taylor, vyrites of Civil Contracts: } This part of Juftice (faith he) is fuch as ^depends upon the Laws of Man directly, and " upon the Laws of God only by confeqaence, " and indirect ireafon ; and from Civil Laws, ft or private agreements, it is to take its eft i mate " ' or meafure: As to the proof brought from Prov. 28. 8. He that by ZJfury andunyush 'gain increafeth his fubftance , &c. the word ;: tranilated unjust gain, is in the Hebrew,in- '■"'■ ■creafe, and fo acknowledged in the Mar- ^ gin: the which word is by the Latch ren- " ; ' :=: dred, excefs of gain, elfewhere, as Ihewn, ®°™before, and fo I think 'tis here. i81 j f ar ther add, That Mofes Writings, "fr 1 which are the Original Law, condemn on- !y taking life of the Poor-, and all other ^ C! pah age sin the Prophets or Holy Writers, '» ^that condemn Ufa:y, are to receive their P ™limitation and conftruttion from the Law : elf, tQr elfe we might anfwer with others, to® 1 that the Law was Political and peculiar to 1 (ast*the Jewifn Nation. PJxh Nil', f ■ Some make the ZJfurer an alie- tilt a at or of that which is oiher msns } nop his. fir. E 2 Reply: i £ Bcpty tO Mr. Jelinger'0 Reply The Borrower that is not Indi- gent, hath no more right to the Lenders Mony, and the ufe thereof; than the Len- der hath to that increaie which is by him fpoken againft : This latter, hath a right by gratitude, by compaft or mutual eon- , lent, as alio by the Civil Laws; each of thefe in many cafes being enough to tranf- ferr aright: whereas he would juftifie this affertion from an exprefljon of Bifhop Hall ; it (hall fuffice to let you fee how moderate the Judgment of this Learned Man was in this Controverfy *, who writes ca) - thus : 'The Maximes of Traffickere almost j i ' Infinite, onely Charity (but ever in feparable from Juftice ) ma ft make the application. That willtellyou, that if yon can find out a way, whether by Loan or Sale, to advance your Stock, that may be free from all Oppre- ffion and Extortion, and beneficial as Well to others, as to your felf, you need not fear to walkjn it with all honest fecurity. Here Mr. J. heaps up feveral Authori- ties, making the Ufurer as bad, or worfe than a Thief: Be it granted there be fome fuch; but I think a man muft forfeit rea- ion, afore he can judge one that takes mo- derate gain this way, as bad or worfe than a Thief, and more feverely to be punifhed: Surely our Law-makers have not thought io. 1 wifh fome would take notice of ano- ther fort of theft in the borrower, mentio- ned lied by the Author Of the Whole Duty of p- 23-5. ' Mat?, viz. The not paying of Debts, whe- §• I2# ' ther ftch as we have borrowed, or fuch as by \ , our own voluntary promife are become our ! I 1 , debts, for they are equally due to him, that , - can lay either of thefe claims to them, and " therefore the Withholding of either of them is a theft, a keeping from my neighbour that f: : which is his. : ff Mr. J. The Vfurer is a Covetous Per' ft f on ' ee 1 Reply : Whereto I anfwer in the words of Bifhop Taylor: Covetoufnefs is to be car- hving. ,,w ried by the proper motives to Charity, and by jlC '' [rnti t j 0£ p ro p er rules to Jufiice which being fe- "If cured, the Arts of getting Money are not eafily made Criminal, i /ifm Mr. J. O what indirect courfes do they uh greedily take ? -<^r Reply: Blame thofe that do foand fpare not: but blame not others therefore that mi)'h u fe no courfes, but what are warranta- ble. ifetk The reft of his Additionals, as that the , M® Vfurer is a Defrayer, &c. If intended for cbeii 1 all perfons by him counted Ufurers \ are kit is no better than the Produfts of a miftaken ^ s ® Zeal, and ferve to prove the cenforioufnefs ethai of the Writer. nite We are now cotfie to his Cloud ofWit- thot 4 neftes, Fathers, Councils and Schoolmen, ■of® which he all Summons in to give witnefs to 31# E 3 the Hit ^4 if m H i ■ 1 k < 1 ?>& i p. 27. Magd. Cent, 41. See Dr. Hammond. pradt. cat. p. qxV- ' Edit. 1662 Magd. Cent4th. C. 1273. sgt£f% to Mr. Jelinger'0 the Caufe he hath in hand : his Forces he Mufters upforhisCaule,will yet admit ofa , defalcation whether we confider perfons or things teftified againft. 1. As to perlons reproved for Ufury \ after he hath made a great flourifh with Canons apd Councils, he comes to coniefs that Clergy men are moftly concerned therein : and upon fearch into the fourth Century , I meet with but one Canon a- mongft ail, that extends the Prohibition of Ufury, farther than to Church Men : and this one taken notice of by him : and the Triumph that is made from the Council of Nice , confifting of 3 18 holy Men, condem- ning the Vfurer, and bis Ufury , &c. amounts to no more than this; Who- ■ever of the Clergy, for filthy lucre fake , ex- ercifeth Ufitry, Let him be Depofed. And if I do fay, that I fuppofe, that U- fury was then in common praftife in the Cjhurcb, by thofe that are commonly called the Laity, and allowed them, you fhall fee that I have fome reafons for my conjefture. For, j. In the fame Century, Sylveficr Bi- {hop of Rome , faithfully difcharging his Office, and reforming the Clergy ; It is faid, Clericos ufuris Ctvilibus vacantes, ad precationes retraxithe brought bacfi the Clergy to their Mimflerial work, from Civil' iffury x herewith they were talign up : Civf is WWXZV dm 55 ; i: : is here oppofed, I fuppofe, to Ecclefia- "s flick, and may therefore be tranfiated •4 Lay-Ufury, as the common prattice of fuch, but not allowed to thofe of the Cler- J"! gy- " 2. In that the Hereticks, called Andre- ibid. col. ® ans, left the Communion of the Church, 374* c ® becaufe that Ufurers were fuffered there- font in. n Thofe feveral Councils, that prohi- toot bited the pra&ice of Ufury to the Clergy, ton 1 .; do affign peculiar reafons for their fo do- audi ing, which are not fo applicable to others, Im befides the Clergy. As S,fia i. No man that warreth, int angle th him- '"))'■ fdf with the affairs of this life. Thus the ; P }d Council of Carthage, Can. 15. 6 '. Upon Col. S67. k this very account, the Apoftles would be 868. i exculed from tending of Tables, that they that might wholly give themfelves to the work fe in t of the Miniftry. And upon this account nlyci the Councils forbad the practice of other jftal; Civil Imployments and Offices to the Cler- ajcfegy, which in themfelves were lawful;, fo that they might not be Merchants, Far- \jffl mers, Proflors, Guardians, &c. Yea, fig k were prohibited all fecular cares and im- y; It ployments. See the aforefaid Council, with the Council of Chalcedon, Can. 3. & UC W Trelat ■ 2. Can. 14. 2. Becaufe the Church-ftock might not oh bedifpofedof for thebriogingin of any pri- E 4 vate ga in 5 6 % Eepi? to Mr. J eHnger'0 Col. 505. gain: And lb I find that Sophronim, a Bj- (hop was excommunicated by the Acaciani, becaui'e he had made gain of the Church- Money, and fo defrauded the fame, tur- ning it to his own proper life. The Cu- ftom being then, that not only the Bifhops and the other Clergy were maintained out of the common Stock of the Church they belonged to, and other Revenues thereof \ but alio the Poor and Strangers: And Ber- IhicL narc i j on g a ft er? f a y S ( 0 t h e clergy with- out exception, in Epift. 2. Whatjoever thou retameft of the Altar, be fide necejfary Main- tenance and fimple plabit, it is not thtnt, it is Rapine, it is Sacr Hedge. $. I readalfo in the fame Council of Car- thage forementioned, Can. 49.' That Bt- fhops, Presbyters, Deacons, or any other of the Clergy, that came poor to their Ecclefia- fticalOJfces, and after that therein pare ha- fed to thcmfel.ves Fields or Farms, they were to rcftore them to the Church, and beep no- thing proper tot hemfehes, anlefs what they obtained by other Largeffes, or by the right of Inheritance. A Canon that many, who Zealoufly plead againft Ulury from ancient Canons, would be loath to be confined to. Thus we fee men can take and leave at pleafure. 4. And as for the other fathers that areu- fually brought in as witneffes againft llfury: there isrcai'on to think,they were fo bitter again? Caff. 57 againft Ufury as pra&ifed in their times, which it fecms was very bad, they would not have called it Murder elfe, and many other fuch occafions laid to its change As they managed it,it was a meer cheat oi Co- zenage : Lactantius elfe would not have fa id, Quid f&nerarim, nifi utfallat ? And Chryfojlome fas before) laid, there was no - t n Matf„ thing more cruel, nothing more fhameful than the Vfury of his time. No wonder then that he and others were fo Sharpe a- gainft it. And Bafil faith it was then Judg- In ps. x 4. ed by Chriflians a very inhumane Acf if a- ny one had made gaine by Lending to the poor. Leaving our thoughts free to think that it was not lo accounted, when they made advantage of lending to fuch as were not poor. 5. And it is beyond doubt, that thofe P. 28. expreffions he quotes from Calvin and Lu- ther , were by them intended againft the fame Exorbitant Ufurers; and griping op- prelfors ^ though by him flyly brought in to befpatter all fuch as take any thing for loan: furely'it was no fair dealing in Mr. J. After he informed us, thatwhatfoe- ver a man tabes over and above the money lent, is Vfury ; and that the men that did fo were the perfons declaimed againft by the fathers: prefently to fubjoyn, Cal- 58 91 mplrtv Mr. Jc linger 1 # f Calvin tels us, that this kpnd of men is . purpofely minded to fuckjout the blond ofo- thers : and So, Luther calls the Vfurer, the blond fucker of the people. Whereas Calvins Judgement is well hnqwn, that he held not all taking above the principal un- lawful, as may hereafter appear. Neither P. 4-8. isitmuchto the purpofe whether Calvin himfelf were a leader upon ulury, feeing he hath discovered his Judgement*, yet I deny the Cogency o; Mr. Js Argument j - that he wasnot, viz .becaufehe was poor. And then for Luther, wHom Mr.J. layes claim to •, we fhall be the better able to Judge of his fentiments about this contro- V. 278. yerfie , after we have confidered what Ri- vet writes concerning him, as delivered by Gerard, Who fayes Luther was more mode- rate in his latter writings in his opinion con- cerning ufiry. Some of his opinions he quotes out of his own writings: as, ,1. u4 certaine mitigation mufi be mad.e of that won- ted firiclnefs in the forbidding of ufury. 2, that to widdows, Orphans and old men, that cannot trade, it it may be granted to receive profit for money lent to Merchants 3. Con- fciencemay be providedfor, if the Magi- (Irate, by the advice of Divines and Lawyers to that end affembled , doe prefcribe a certain middle way in fuch contrails. 4. Cafes of necejfity from times and perfons ought to be diftinguifhed from thofe that are not liable to fuch mitrnt Catf. fiich neceffity. 5. He would not much gain- fay, if to refrain unlawful and and exceff- cive ufuries it were granted to a Noble man to take 4 florens ; a Merchant, 8j and others, 6. 5. That fuch were the times now, that by faying 6 in the hundred a man might be a good gainer. 7. That the Minifters of the Church fhould leave thefe difputes to the Law- yers, and other good men, &c. This is enough to let us fee what was Lathers laft Judgement, in the queftion of lHJiry. 4. If we come to modern Divines, he knows all are not of his Judgement: for befides thofe forementioned, the Lawful- nelsof a regulatedUfury hath been afferted by "Bucer, Martyr, Zanchy, Junius, Rivet, JVindcline, Hornbeck, Spanhemius, fgiodate, Brentim , and many other Divines beyond the Seas both Calvinifts and Lutherans'.) Univerfities and learned Profe/Tors: fome In whereof are mentioned by Learned Rivet: p and Windeline fticks not to fay, A Tierif que Modernis, &c. Modern Divines and Lawyers for the moft part hold it lawful, as duely ftated. Several of our Englilh Divines feem of the fame Judgement; viz.. TerVins , Ames, Gat aker, Mayer, Vines, Baxter,Hughes, befides fome other Divines fore-quoted,whole moderate Judgement in fhis controverfy there appears. II I 60 amepltto Mr. Jeiinger'0 5. OfForein Divines, Laws and Ufa- ges, 1 fhall alfo adjoyn what Learned Zan- chy writes (treating of the Iawfulnefs of f moderate Ufury.) - y.To this Dottrwe l 1 lc • he) do fubfcrtbe very many men, fa- mom both for their Learning and Piety. 8. 1 have named Bucer and Calvin, Renow- ned. Divines, from whom P. Martyr diffents noty that 1 may not mention almofl an infinite number bcfid.es. 9. Hither belong the mofi jufi Laws of Diom Emperors concerning this mattery in C. deUfuris: who alfo determine how much it may be lawful to take above the Principal. 10. Add to thefe the ufe and cuftom taken up in the Reformed Churches: I do not therefore in the leafl doubt but that fuchVfury is lawful: And Carol. Molinte- US a very famom Lawyer, and a Profeffor of true piety, concludes the fame in his large V0- lume which he wrote of ufury : Thus far Zanchy. So then, it feems, regulated U- fury is nofuch bug-bear, that any need be ftartled at the mention thereof •, or be a- fhamedto plead for it, after Men offuch Worth and Eminency. I return to the Author. M. J. And what fhouldthe Vfreer do in Heaven ? there are no Bills , Bondsy &c. Reply : 'Tis well, I fee Mr. J. is not the Key-keeper of Heavens Gate; for then, 'tis like, not one of thofe that takes a Penny-Ufury fhould enter : though fuch as take id* wimzv Ca#» 61 take Interefl or Inter-ufury, or after-ufury, probably might find fo much favour at his hands, as to have admittance. Such rea- foningsas thele, whofoever were the Au- thor of them, me-feems, were born before day } tfje which,if admitted,would turn us all into Adamites: or rather, might have been more agreeable to the men before A- daw, the Inhabitants of Vtopia y the New Atlantis , or Terra Incognita ; for this is the ground his Argument goes on, what- . foever is not to be found in Heaven, mull find no place on Earth. He fays, There are no lenders, no borrowers in Heaven : are there buyers then ? or are any builders there ? In Heaven there is no clothing ufed, faving thofeglorious Robes of Cbrijls Righteoufnefs : there's no feeding, unlefs on the fruits of the Tree of Life, that grows in the midfi of the Paradice of Cod: there's no drinking, fave of the fruit of the Heavenly Vine: there's no taking pojfejjion, unlefs it be of that lnheri- tame incorruptible : there's no dwelling, fave in that Houfe not made with Hands. Mud we therefore difufe all thefe here below ? Surely thus we (hould do, if Mr. J's Rhe- torick were found Logick. After the making good of his own cha P* 6 • ground, he comes to fupplant his Antago- nifts, by anfwering their Objections. Obj. 62 31 iSepl^ to Mr. Jelinger 'g Obj. i. Biting is in your Text condemned, I am no biter, and therefore I am not concer- ned in this matter, &c. Whatfoever weight there is in this Ar- gument, I think moderate taking of Ufe may be better juftihed by it, and on better grounds than he can condemn it from the fame term. Refp. Mr. J, Every Vfurer bitetb naturally • either a'clually or potentially, dirctlly or con- fequentially. Take whatisfaidin proof hereof, and fee whether he writes not as a man that underftands the Market. Mr. J. For the borrower will take up his fnterefl, if by any means he can; and for that end he Will and mujl often fell the Com- modity at a far dearer rate than elfe he would,, to be able to pay his ZJfe, and live by the Over-plus, &c. Reply: In this, and what follows, are fuppofitions upon fuppofitions - , whereof if one fail, if one pin of his building flip the vrhole totters. We mud then grant him, thefe borrowers would not fell l'o dear as they could, if they did not pay Intereft: wenauft grant him that thefe men can raife the price of the Market, at pleafure, which is not fo: we will eafily grant him, that the reft of the fellers will joyn with the bor- rowers, i. e. in felling as dear as they can: we tnuft grant him that they would not have fo done, unlefs inftigated by thole borrowers .* €ifurer Caff. 63 borrowers: what a deal of begging the queftion here is, afore there can be room for the conclufion ? Let us hear his proof out by an inftance taken from the Rev.Bi- (hop Jewel. Mr. J. A Merchant takes up of his Neighbour an hundred pounds, and miisl anfwer again an hundred and ten *, he be- fioWeth it all in Corn, and buyeth for his hundred pound an hundred quarters of Corn y he fends it to the Market \ the People have need of it, and buy it: If he fold it for eight groats a Bujhel, he might make up his hun- d.red pound and be a gainer } but unlefs he maketh up a hundred pound y and ten pound to difcharge his Vfury, he mufi needs be a lofer and undone *, but undone he Will not be y he will therefore undoe many others, therefore he felleth accordingly. Reply: i. Our Author you fee, writes Stilo veteri: But what then, if the lender agree in partnerlhip with the borrower, and run the hazard of the Principal, con- fentingto fhare both in his gains and lof- Pes? (which with him is lawful yet}) would not the lame inconveniences here i- magined, attend this Contra# ? 2. By the allowance here made, I per- ceive Mr. J. would opprels the feller, who according to this account, after all his pains, time and hazards run, fhould gain but fix pound thirteen {hillings and four pence £4 3. Etplt to Mr. Jelinger 'g pence for his hundred pound borrowed,and laid out for one whole year. Mr.j\ Or potentially the Vfurer biteth the borrower : I will infiance in Land: the borrower takes up 400 pound upon Jnterefl, and buyeth Land with it worth 20 pounds by the year : and hepayeth the Vfurer 24 pounds by the year ; in which cafe I ask^ the Vfurer, whether the borrower mujl not needs be bitten ? &c. Reply i. I would know, if on this fcore, any one fhould come to Mr. J. to borrow this 400 pound, would he lend it him free- 1 y ? or is any other bound to do fo ? I re- member Mr. Bolton fays, that no man ought to borrow, but in cafe of need 5 I doubt whe- ther this mans need would pais with him. But in truth, if the Purchafer borrows the whole 400 pound, few would judge him wife in medling with the Purchafe, or him much wifer, that fhould intruft the money with him on his fingle fecurity. 2. Give me leave to make a fuppofition too,fuppofe then this purchafer meets with a friend,that lends him this 400I for 10I P. Annum : here is ufury and yet not biting to the borrower .• or, fuppole there is fo much Timber growing on the land bought as that therewith he makes up the 400I in fome few years, who is Jnjured then ; or where is the biting ? Qbj. But here ( faith he ) the Vfurer Will Will reply \ That fo in other Contrasts, as buying, felling, fitting, a man may be bit- ten, and wronged. And I add, that Bp. Hall makes over- reaching in thefe kinds the worft ofllfu- ry •, Lamenting the Ignorance, or mifta- ken Zeal of thofe that cry down ufury but in the mean time make no bones cf aSiions no lefs biting, or opprejjive : they care not how high they fell any of their Commodities:) at how unreafonable rates they fet theirgrounds • how they circumvent the buyer in their bar- gains, and thinks any price Juft, anygaine lawful, that they can make in their markets : not confidering, there is neither lefs, nor lefs odious ufury m felling and letting, than there is in lending. It is the Extortion in both, that makes the finWithout which the kind or terms of the tranfaSlion would not be guilty, In the ordinary loan-ufury the borrow- er hath yet time to boot for his money , but here the buyer pays down an excejfive Interefi Without any confideration,but the fellers cru- elty. What doth Mr. J. anfwer to the fore- faid Objeftion ? This, Mr. J. So it may fallout, £ viz. that a man may be bitten too in buying, felling, &c.] but herein lies the difference, that thefe fore- faid Contrails are in themfelves lawful \ but ufury in it felf unlawful. F Reply [0 ' I ! Xyvet in Decalog. P. 2 ?cv 6 C & HI! fiV W "Mr-rfdliriggr'jS Reply : r at the Fat'm rs ("that he pleads condemn Lhury as unlawful) do forne or them alio condemn Merchandihng, or Trading for gains lake. As Tlom.f8, on Mat. paiTrng under Clre\fojVppp£\ s* name: The Lord caffyug out the JBmers ...id filers of the / emple, fignif.es, that a Afe- ha? can never pleafs God. Again No Cf ijlian pughp to be a Merchar. f, or if he will be, let him be cafi out of the Church. And C.ijjiodore On Pf I. 70. (beaks'the fame language: So thatthefc Fathers, that judged one, judg- c. both alike unlawful \ and Bifhop Hall judged neither unlawful, any further than there was Opprcflionin them. Mr. J. But lending muft be free , Luke 6. 1 y It being reckoned amongfi the liberal Centralis. Reply • If the Civilians make good that all Ifpding muft be free ■, then let this Con- trjjdt ; pafs under another name, and that pica is anfwered y for it is not names or yvprds , but things, that we are inquiring to. Though enoughhath been fa id before, to anlwer what is urged, from Luke 6,35. yet f (hall nqt think it amifs to produce the fenfe of the Lutch Annotafors on that scripture. . And fend without hoping for at ay thingagain :■ for without hoping for a- ny thing ;rem it J i. e. not only to. them whichye hope will give it you again } but at- fo to them of whom ye have not this hope \ like as he here commands alfo, to love not on- ly our friends, butaifoour enemies. Obj. 2. The Lawagainfl Vfury is poll- tical, concerning the Jews only, and not us, and therefore we cannot be condemned by it. Mr. J. Anl'wer : This is a fallacy, and the contrary can be fufficicntly proved. I. The Prophets enumerate Vfitry among the tranjgreffiions of the Moral Law, Ezek. 18. 8- Jer. 15. 10. andfo doth this Pl'al. 1 5• Reply 1. Jer. 15. 10. makes little to hispurpofe, the moft that can be made of it, is "what Biodate Comments thereon, thus: [7 have, &c.] i.e. / have neither had fir ife nor contention with them, upon any private interejls nor pretences but all is by reafon of my Office'. Junius to the fame In loc« effect: I kept my /elf clofe to my own Calling 5 I have had no other t ran factions with them : 1 warily abflained from all occafion of flrife, which might any Way happen among men. Grotim underftands the words of bare len- j n Synop s . ding , faying, Vfury was forbidden among the Jews ; therefore the Words mufl be read, Neither have I lent money to any one, nor any to me: * I have had to do with none up- ^ Sim. on any money-matter, whence Jlrifes are wont toarife> fay others. 2. In reply to Pfal. 15. you may refieft upon Dixon s Comment thereon: I fhall F 2 befide 68 £ Mpty tO Mr. Jelinger'g Synops; befides produce what two learned Men fay * Ge w on the lame Scripture. * Stent, &c. As the receiving of gifts is one thing in it felf • and the receiving of gifts upon am innocent man another \ fo is the taking above the Principal from the Wealthy, and from the Poor. f Coc. j To take life from the Poor is hurtful and burthenfome , becaufe he receives that he may live ; but gainful for the Rich to pay life, for he receives that he may gain. 3. What is afierted ufually of Ezck. 18. viz. that it contains Morals only 3 if the fame be meant by way of exclufion to Judicials, may admit of a ufe of addubi- tation to me there feemsto be Judicials expreffed or referred to, v. 7. Opprcjfwn, though a Moral evil, yet the particulars thereof might be immediately againft a Judicial Law 3 and in the Margin of our Bibles wc arc pointed to Lev. 25. 14. which concerns Judicials. Refloring the J ebtor his Pledge, refpefts a Law of the like nature, Exod. 22 20. And the exe- cuting of true judgment between Man and Man, as to the Jews, was according to the Political Laws given in fpeciai to that Nation. Again, v. 9. Statutes, Judg- ments ; Surely we may not hence exclude Judtcials, feeing (as Mercer Notes^) the latter doth properly fignifie fuch Laws,and lo muft fignifie, Lev. 25.18. whereto this Text Text feems to be a Counter-part. And (frotius lkith the fame : Idem difcrimen a- Dejure, pud Hebraos re per ire eft,qui cum diflinble lo- die, p. 3. quuntur , jits naturals vocant rCs'l, jtts Conflitntum CD'pH, quorum illud chr/&td- fca-ret, hoc folent vert ere Hellcnifta. It is not therefore a cogent Argument, that Utury is not forbidden by a Political Lav.", becaufechefame is reproved, £~ ek. 18. 2. In Lev. 25. 35, 36, 37. llfury is there forbidden 3 but that is in the midft of other Political Laws; there being none but fuch mentioned in that Chapter, there- fore by his own arguing, this muft be fo too. 3. Take a farther Inftance for the weak- ning his Argument, ASls 15. 29.Fornicati- on is reckoned amongft Ceremonials, and yet no Ceremonial. 4. It is worth the Inquiry, whether U- fury may not be againft a Judicial Law, and yet, in them to wnom it is by that Law forbidden, be Morally evil, e .g. Theft is a Moral evil, and yet the Inftances where- in it is committed maybe direftly or im- mediately only againft a pofitive Law of this or that Nation ? Hither belongs,what hath been already quoted out of Dr. Tay~ p. 20 ^ lor\ Holy Living. This part of Ju- ftice (viz.. Commutative,) is fuch as de- pends upon the LaWs of Mien dirccliy • and upon the Laws of Cod, only by confcquence, F 3 and jo - toMr.Jelinger'g and indirebl reafon and from Civil Laws, or -private Agreements, it is to take its efti* mate and measures. And hither belongs a In Joh. 6. Saying of An ft in \ Every One poftefteth what ^"272 he poftefteth by Human Right; for by Di- vine Riftt, The Earth is the Lords, and the Fninefs thereof: Cjod made the Rich and the Poor of the fame Clay, and the fame Earth fupports both Poor and Rich', yet by Human Right, one fays, this Farm is mine, this Floufe is mine. ThisHoule then, this Field is mine by a Humane or Political Lawj and yet whofoever takes it from me, is guilty of a Moral evil. The Law of Na- ture dilates this in general, that we muft: give every man his own, by what Law fo- ever, whether Divine or Human., the thing become his own. At que hie obiter , &c. And here by the De Jnre, way, (faith Grot ins) their error is to be no- Le. p. 26. te ^ who derive the Ifraelites Right to the War, from thence alone, that God, gave them the Land of Cans.an. whereas, what everyone poftefteth by Human Right, is no lefts his, than if God had given if, but that Right is not taken away by the Gofpel. 4. I return back, whence I have digref- fed. The Law of ZJftiry was Political, faith Judicious Calvin upon Fz.ek. 18. And Luther feems of the fame Judgment, in that, he advifeth the Minifters of the Church to leave the Difputcs about Vfury to Lawyers mwxzx Cad. 7 1 1, Lawyers and other good men, As we have S> feen before. ji Mr. Hughes upon the Que/Hon ■ Whc- In Exod. k ther the Law agdftfi Vfnry be in force? 22.25. ft Anfw. Not in the Political Confederation of lllii the Jews, which was fpecial to them as to Itln ufe it towards Strangers^ and as a Balance ijt\ of Government to themfeIves , but as to com- km mon and general Equity, &c. jtii And Rivet from Jum'm: There- p. 285. iFltl! f ore tf it could be proved, That the taking of [i 5: alllncreafe was abfolittely forbidden to the m,i Jews, even in refpelt of a Wealthy Brother j ofjjj, it would not follow now, all yearly Increafe , £E | to be altogether unlawful: for in this Law there miphtbcfomewhat Ceremonial and Civil mixt, which Jhould not bind other Nations bcfdes the Jews , for the Jews might not Jell j.j ( j their Pojfejfions for ever •, but the buyer only j did receive the 'profits unto the year of Jubi- , (J lee, wherein immoveablegoods ought to be re- "jitb ft ore d t0 the right owner, Lev.25.1 o, 15. But . tfit had been lawful for a Jew to take ufe of his Brother, that Law had been rendred nje- Ifs, for one Would never have bought aPof- fejjion of another \ but rather,Would have re- ' ; 5r£ f. ceived a yearly fum, without any toil, wheji he Jhould have kfown that the Pojfeffion was ; to be refiored to his Neighbour at a certain time. There is another Law of releafing .1 fj.j Debts to a brother every feventh year, D eut. tl 15. 1. But if it had been lawful to ex aft 72 % BCpIf tC Mr? Jelinger'g . that increafe from a brother, they vpottld have fo managed their Exattions in the fx years, that at the time appointed there (hould be no- thing left to be releafed to their Brother. Thefe Civil reafons mi^ht be, why Ufa- ries were more feverely prohibited amongft the Ifraelites, which yet were lawful to- ward Strangers y even as it was not lawful after 7 years to exact a Lebt from a Tro- ther, which yet was lawful from a Stranger: for foit is faid, Deut. 15. 3. 5. This adminifters another proof, That this Law was Political, and Ui'ury not a- gainft the Law of Nature, beeing they might lend to a Stranger upon Ufury , though not to a Brother. M r J. 3. The very Law of Name is again ft it. Reply I grant it, if meant of opprcflive and biting Ufury, not elfe. Mr. J. here Cicero de mif reports Cicero, as if he had faid, that Oft. 1.3. Z/ftry is more againfl Nature than Death : whereas Cccro i'peaks not there in fpecial of Ufury ■, but ofincreafing a Mans Efhateby damnifying another, which may be the fault of the borrower as well as of the Jen- Rivet dcr •, and I find the words of Cicero made p. 281. ufe of by the contrary minded to ftreng- then their Opinion : Cicero faith thus", It is againf Nature to advance a mans profit by the dtfprofit of another. Again, The en- /argment of a mans own eft ate, hurting none, is J J' | tafurer Catf. 73 is not to be difpifed •, but wrong is always to be voided: but to detract any thing from ano- ther i and for one man to advance his profit by the dtfprofit cf another man, is more a- gain fit nature than Death, than Poverty,than Grief than any other things which can hap- pen to the body or outward efiate : for Na- tare will not permit, that by the fpoils of o- thers we fhould incrcafe our Subfiance, Wealthy Riches: Neither is it only determi- ned by Nature, i.e. by the Law of Nati- ons ; but alfo by Popular Laws, whereby Commonwealths in their fcveral Cities are fuflained, that it may not be lawful for any to hurt another for his own advantagefor this the Laws rcfpect, this they defign, that the Conjunction of Citizens be fafe. So then, the general Rules Cicero lays down, concerns both Parties ; and Grotius Dejure citing them, adds, So great is the equity of P* 2I 1' this Saying, that hence the Lawyers define many things without the Prefcript of LaWs, always appealing to Equity it felfas the mcfi evident. By thefe Rules then, which are fetcht from the heart of Nature, It is unequal and unjuft for any to grow rich by money borrowed, and the lender not to have the leaft advantage thereby, but that he fhould forgo his money to anothers pleafure and advantage to his own detriment: How then the Law of Nature fhould be againft all gain m I ; ! w. Ibid, p. 601. 74 31 iRcpl^ ® ^ r - JeHnger'g gain opon loan ; or how the Heathen, yea, all Nation among them, fhould be fo quick-lighted, as to dilcern, that all ta- king of gain for money lent fhould be a- . gainft the very Law of Nature, feems very ftrange. Let that be weighed we receive from Grotim ( who was as quick-lighted in Natures Diftates as moft others: ) T J eir rem haElenus, &c. So far they are obliged in thin matter, that they may not become weal- thier by another s lo/s, i.e. That either they perform the Contraff from whence they are Willing to receive the profit} or let them part with the profit But on the contrary, they cannot be exciifed as free from it fit flic e ^ who though they clijliks the Compact s,yet keep the profit which they fhould not have had. Without thefe Compafts. To one pleading for Ul'ury, and appea- ling to the general praftice of the World, and the LawofNaturewritten in the hearts of men: I find Mr. Capel to anfwer him thus : For the general practice of the World, J do not kjiow, nor can he know what it is • this may ierve for an anlwer to his quota- tion out of Bifhop Sands, viz.. That all Nations at all times have condemned ZJfiry : the which alfertion is eafily fpoken, but hard to be proved; yea, i'oon difproved by the feveral Laws that have been made in leveral Ages, by Pious Emperors, Kings, Crc. for the allowance thereof, and pre- icribing & Append. of ur. p. 296. 75 mtum Cafo fcribing the fum that might be taken *, as Zamhy quoted, mentions*, and more may be diicovered in due place. I have read of a Law amongftthe Ancien xGreecians and Ro- mans that allowed one in the hundred, therefore called Vnciane Ufury. But to unfold this a little: We may come to underftand, whence Ufury came fo generally to be forbidden among the Learned Heathen,both Greekj and Romans.* If we mark what Grotim writes, viz.. That the Laws of the twelve Tables among the Ro- mans were borrowed from the Grecians, and thefe borrowed their Laws from the Hebrews. And by. the Laws of the Hebrews Uiiiry be* ing forbidden, it came thence to be incor- porated into the Laws of other Nations} and whatfoever Laws have fince by any Chr ftian Princes been made againft Ufury, it is eafy to believe they had their arifefrom the fame fountain. Mr. J. 4. Ufury is forbidden in the New Teftament by our Saviour , Luk. 6.35. and therefore the Law againft it cannot be meerly Tolitical. Reply 1. Meerly Political: None, that I know, faithitis, and therefore that term is ill foifted in : it is commonly faid, that the political Laws of God carried a gene- ral equity in them.*, and it is acknowledg- ed,there is an Ufi ry that is againft Natures Law, as we have often faid. If this Law be 76 QH&Zpif to Mr. JeHnger'# be proved to reach the Jewijh Nation, fo that one Jew might not take Uie of another Jew, whatever he were, it fhall fuffice to lay, that it was l'o far political. 2. Lube6 35. hath been already fpo- ken too, and it hath been proved, that all taking of Ufe is here forbidden, neither exprcily nor confequentially ; it being the lntereft of his poor Diiciples, that Our Lord is here pleading : what is written by a vri.okDuty Judicious Author, may fervefora farther of Mm. Comment thereon. P- 367- Sometime a feafotiable Loan may do as well at a gift, and that may be in the power fome- times of thofe that are able to give but little : but when we thus lend on Charity, we mufl lend freely without Vfe, and alfo with a pur- pofe, that if he Jhould prove unable to pay, we will forgive fo much of the Principal, as his needs require, and our abilities Will per- mit. Mr. J. Here Vfurtrs make two Replys. I. That Zifnry is not named by Chrifl, nor any where in the New Teflament. 1. Anf. True, nor is Sodomie committed with a Beafl named in the N. Teflament. Reply •• The reafon is not the fame : this latter being a fin of rarer practice, and car- rying in it a greater abhorrency to natHre, it was thought fufficient, that in the Anci- cnt ftanding Law it was leverely prohibi- ted •, none ofthe Prophets that came after, making tEfitm Coif, 77 making any mention thereof* The very naming of fome fins flitch as this) (hiking a horror into the hearers minds, no mat- ter if their names, together with their prattice, were quite forgotten. The A- poftle fpeaking of Fornication and Unclean- nels (the fame very applicable here) fays, Let it not be once named, among ft you as beco- gp| 1> . ^ meth Saints. Should Mr. J. havementio- ned that Sin he fpeaks of, as often as he has Ul'ury, I think he would have abun- dantly offended modeft minds there- by. Mr. J. 2. O^er famous Writers fhall re- folve them about that place. Reply: I have before cited others as fa- mous of a contrary mind : And I think very few of our late Divines interpret Luke 6. 35. as condemning all Ufe. Mr. J. Whereas fome reply ^ That neither Chrijl, nor yet his Apoflles any where meriti- on Vfury. It is anfwered, That Ufury in thofe days was fupprejfed by the 1 zTables^and the Emperors then Reigningj Tiberius and Claudius, and Velpafian. Tiberius himfelf, though otherwife wicked enough^ yet would rather furnifj his Banks with his own Stockjo be freely lent for three yeers to the Ci- tiz.ens, upon only the fecunty of the fum doubled in the forfeiture, than he would en- dure this griping and opprejfng Tranfach- en. 1. Reply: 78 & MplV tD Mr. Jelinger'^ 1. Reply ■■ Thefe proofs come far fhort of the Afllrrions: If thefe Emperors made Laws againft Ufury j then, 'tis like, it was grown common, and fell under Publick Notice i and as foonas Laws are made, prafHces of that nature are not quite fup- preifed : fupp'ofe Publick Laws Enafted in our Land againft Drunkennefs and Whore- dom ; would that lave Mr. J. the labour from Preaching down thole Vices? But letting that pals :> did the Roman Laws reach Judea and all the Empire? 1 thinknot ; the Romans leaving the Conquered Nations rnoftly to enjoy their own Laws, Dejure, fas Cfrotins hath it from Vhilo in his Em- ^c.p.556. b .iflfage to Cains) thought the cujicay of the Laws proper to each Nat ion ^belonged no I'fs to his care, than thofe of the Romans. 2. If this were granted too, that the Imperial Laws were impaled on Judea,and Ufury thereby quite Suppreft, does he not remember that Our Lord in the Gofpel deligned Rules, not only for the prcfent *, but alio for after-times of his Church, 3. But it is a ftrange prelumption to think, that all Ufury was indeed quite fup- preft by thefe Laws; and he leaping from Claudius to VeLfafiat', gives caufe of fui- picion, that the inter-mediate Emperors were not fo fevere againft it, confidering withal, that Seneca living in that Interval, was (by his own quotation) a notable U- furer, furer, \j'ho was contemporary with Paul and other Apoftles: And being it was pra- Uifed by fo great a Moralift as Seneca, it lets me a wondnng how they fhould have fo great a Charity for Tiberiut, ( a man made up of craft and cruelty) as to believe he fhould exceed the greateft Prefician ior Morality in his time, (not to mention fome oftheableft and pureft Chriftians of thele latter days; ) as alio that the Law by hiro madeagainft Ufury was in real deteftation of Oppreflion •, and not rather, a cunning insinuation to ingratiate himfeff with the Multitude^ and withal, a politick fetch to fupprefs all the Petty Ufurers, that he might have vent for his money, and mono- pohze the Trade to himfelf; pretending free lending, but intending to make his Market by the forfeiture of the double Bonds-, which whofoever fhould do a- mongft us, would probably be a far grea- ter gainer than any other Ufurer, that keeps within the bounds of the Law could be. 4. And upon the whole,their cafe feems wide from curs, Ufury then, after the Laws EnaCted againft it, becoming atranf- greflion of a Civil Law, moderate Ufury with us, not fo. 5. And before and after thefe Laws of theirs, there being no bounds fate to the greedy So 91 to Mr. Jelinger'g greedy Ufurers defires, but what his * ex I'th'di- * own will, and the borrowers neceflities dinelocu- admitted , 'tis like there was Oppreflion ^hxr'tur' enou §' 1 irking under this name, and de- uciti Hid. Serving to be fuppreft; whereas with us 16. c. 16. the Laws of the Land have meafured out the bounds to the lenders profit ; Hitherto, but no further. p. 42. <5. And I underftand from him, that fome of the wiler Emperors coming after, did not abfolutely forbid, but limit Ufury. Alexander Severus trientariam conflituit. Antonius Pius Imperator ipfe trientariam exercitit ut plurimos invaret. Thefe wife Emperors made it lawful to receive 4 per Centum. Mr. J. "their fecond Reply is, That God permitted his People to lend upon Vfury to a ftranger, and that therefore the Law againfl ufury is Political • for if Moral, how could they lend to a Stranger , Deut. 23. 19, 20. Mr. J. \Anf. Some fay one thing, fome a- nother. C But what faith he ? 3 / f or part Jhall cut jhort what I have to fay, and go to that mojl notable and emphatical exprejji- an, Deut. 23. 20. Unto that Stran- ger thou mayft lend upon Ufury, tbe Ca- naanite, namely, whom God would have con- fumed and dcslroyed, and ashom it was law- ful to kill• So bleffed Ambrofe decideth this Controverfy. [ A bad fhift is better then none, TOlr Caff, liis none, efpecially if it have a venerable name i\es to p'ead for it, and Antiquity to boot: but Sol yet, it feems this is the beft he could find : it- let us hear him out. 3 But that you may S us more fully fee that it is not every Stranger 3 | 0Dt hut the Canaanite whom they Were to put to fftJ) death : I will quote that notable place } Lev. 2-.! BfxitTT 87 jr - •' — lents, Mat. 25. 27. Not only that there was fon.10 ufury of Money- Changers in common ufe among ft the Jews, hut aLfo that it Was not dij'allowed of Our Lord: becaufe under that Similitude he requires a fpintnal Office, with- out the lea ft hint of any difallowance, the which he was wont to ufe in other Parables, which illuftrated duty from difallowed Cu- ftomes, as Luke 16.8. The Fourth Obje£lion that Mr. J. an- Chap. 7. fwers, contains this Plea • 7 t U fury is by God forbidden to the Poo and not toward the Rich, and therefore lending to the Rich for ufe is lawful, j4s Exod. 22. 25. Lev. 25. 3 6. Mr. J. Anfvv. This is a very fpecious Plea, 1 confefs : but yet I hope through mer- cy to overthrow it. I. The moft wife CJod forefeing how fome Would abufe fuch namings of the poor people, - leaveihottt the poor in the repetition of his Laws, i. e. in Deut. 23. 19. Thou (halt not lend upon Ufury to thy Brother; Mark, Brother, And is not the Rich thy Brother too ? Reply 1. I like this anfwer theworfe, be- caufe it reflects upon the Wifdom of God, in effeft, attributing over-right to him: as if the inconveniences happening had not been fore i'ecn at firft-, the which over- fights are frequent with men, which they G 4 itre 88 313RcplV tOMr. Jelinger'g are wont to rettifie by an after-aft, revo- king the former. But far be it from us, that we fhould thus charge God with fob Iy- 2, To fee farther yet, that Mr. J. is out in his reckoning, and that, where men- tion is made of lending in the repetition of the Law, the Poor were not left out upon any luch account, as is pretended ^ you fhall find the Poor exprefly mentioned in the bufinefs of lending, in this Book of Deut.\'\z. Chap. 15.7^,8. 1f there be a- tnong yon a poor man of one of thy Brethren, rvithw any of thy Gates, — thou Jhalt not harden thy heart, nor [hut thy hated from thy poor Brother : but thou Jbalt open thy hand wide unto him, and Jhalt furely lend him fuf- ficient for his need, in that which he wan~ . teth. This place joyneth Poor and Brother to- gether. So Ez*k. 18.17. the place fo often pointed to, and the which was written long after this forefight he mentions ^ there we have thefe expreffions: —- that have taken off his hand from the Toor, and hath not received Vfiry or Incre '.fe. i- Tocomeclofer yeti Leut. 23. 19. where'tis pleaded, the Poor is left out, and Brother put in its room*, yet there, fay I, the expreffions, in effeft, do limit it to the Poor , for who are wont to bor- r<£w Vtfuals, and the like, fave the Poor ? Hear SSier Ca®, 89 Hear Zanehy * Alfo put not out thy meat to ufuryj therefore he fpake of the Toor, And Rivet: Let m confider the places : -P. 284. Deut- 2 5. where is no mention of the Poor, We mean all., and do contend, that that third place contains the fame ref notion, if not in exprefs terms \ yet both in the comparing of what goes before, and what follows after : for when he injoyns, that none jhonld lend to his Neighbour, either Money or ViPluals u- pon ufury t, he (hews that ufury to be forbid- den, which fhould be received from him, who had need of meat \ and. borrowed money, not for that end we have fpoken of, viz. for gain ■, but for his Maintenance, forced through necefty, as is evinced from other pla- ces. 4. I fhall add farther Teftimonies: Mr. Baxter in his Direttory, Part. 4. p. 125. §. 18. Vfury C a s by him ftated j is not forbidden us by the Law of Mofes. 1. Be- caufe Mofes law never did forbid it: for 1. It is exprefy forbidden as an ail of un- mercifulnefs ; andtherefere forbidden only to the Poor and to Brethren. 2. It is exprefy allowed to be ufed to Strangers, Deut. 2 3. 19,20. to whom nothing unjufi or unchari- table might be done : onely fuch a meafure of Charity pks not required toward them, as un- to Brethren. — - So that the Prohibition of Ufury is in the Law it fclf refrained only to their lending to the Poor: but in the Prophets & BepfTcT Mr. Jelinger'gl who do hut reprove the fin, it is expreffed without that limitation, partly becaufe it flip- pofetb the meaning of the Law to be known, which the Prophets did 'out apply : and part- ly becaufe there was little or no lending ujed amongfl the Jews, hut to the needy, as an acl of charity. 2. And if it had been for- bidden in Moles only, it would not extend to Chriftians now, becaufe the Law. of Mo- fes as fuch as is not in force. 5. What need of farther witnefs ? The firft Law againft Ufury limits it to the poor, and there is no Law or Comment fol 'owing in Scripture that extends it to I the rich, why then fhould we extend it to the rich? The Law faith, Thou [halt not lend to thy Brother that is waxen poor by thee upon Vfury: that is, (Taith Mr. J. in his Comment) Thou {halt not lend to the poor or rich upon Ufury: Strange Comment! Again, In Lev. 25. The Law againft Ufury is not only retrained to the poor by name, but his poverty is intimated as the reafon of this free Lending : So it runs, If thy Brother be waxen poor, and fallen in decay with thee, then thou [halt relieve him, that he may live with thee : This laft reafon is twice repeated : All this in- timating theperfons to be fuch as borrow for a Livclyhood ; necelfity is the reafon of his borrowing-" Where the objeft and reafon suftrre? Cat. 9* " reafon of a prohibition ceafeth,the pro- " hibition alfo ceafeth,faith Rivet. There are feveral Laws mentioned in this Chap- ter that are alfo limited to the poor, fee ^.25. 55, 39,47. And the fame general realon annext to them all, viz,, lam the Lord your God. Mr. J. 2. And what voere thofe ufurers whom Nehemiah did fo blame and condemn for ufury ? Were they not fitch as lent to them that had. Lands, Vineyards ,&c. Neh. £.6,9,11. Will you ufurers call fitch Land- ed men poor? Reply 1. Mr. % himfelf called them poor borrowers} And were he in the like cafe with moft of them, he would count his Condition poor. Some of them fo poor, ' they were forced to fell their Children to keep themfelves from ftarving, after they had morgaged their Lands and Vineyards, G ire. 2. But whether they are to be called poor or no, it feems they were for that prefent very neceflitous^ otherwife they would not have mortgaged their Eft&tes, Lands, Houfes, &c. To buy Corn, and for a Livelyhoodnor have fuffercd their Sons, and Daughters to have been brought into bondage. 3. Here I consult Rivet again.' We grant p. 279. there mnfl be lending to a poor man placed in Extremity, not only without the hope of an 4; ill ■ M Afls2. 92 & Bcpl^to Mr. Jelinger 'g an early return, but alfo although there jhouldbe no hope of the principal: farther, to thofe which otherwife do not want goods, but are in fitch a condition wherein for a time they cannot injoy their own, loan mnft be granted freely, which they require to the neceffary fipport oftheir life for a time. 4. In my Animadversions on what is written by Mr. Capel on this fub- jeft, 1 have given a fuller Anfwer to this place, viz.. Neh.$. Only this here - , Let it be cohfidered, whether the Cafe men- tioned were not extraordinary •, as v^s that of the Primitive Chriftians, when they fold their polfeflions, and laid down the price at the Apoftles feet. And I think thofe none of the wifeft Divines ( whatever their Zeal may be ) that draw Ordinary Rules from Extraordinary Cafes or Examples: As they that would deftroy propriety, and make all things Common, from the forefaid inftance of the primitive Chriftians: So they that would bring in a neceflity on Miniftets ordinarily to work for a Livelyhood , becaufe the Apoftle Paul under Extraordinary Circumftances did fo. „ What Mr.Z-faith (1.) Of a fallacy of P* 36. Caufa non pro caufa, avails nothing. For ( upon fuppofition that the Law it felf be not political and proper to the Jews, but univcrfal, and in its full force to this day) mium £a®. day ) I fay, that ufury in Scripture is for- bidden only with reipett to the poor , or, whercfoever free lending isexpreft with its objett, there the poor are expreft or implied \ and the reafon ufed for free lend- ingreacheth not others. Mr. j. 2. Fallacy of confcquence, for it doth net therefore follow a man may lend up- on ufury to a rich man \ no more than this, that a man may rob a rich man , becaufa it is written , Rob not the poor, Irov. 22. 22. Reply 1. I grant his reafoning were good, if it were proved that all gain for Loan were a moral evil, or againft Natures Law , as Robbery, but that cannot be proved. 2. In the Text mentioned , there is a particular reafon added, whereon the difwafion is grounded, or which was the temptation to the fin, viz.. Recattfe he is poor, taking occafion from his poverty which is without power or defence , faith Dio- date. 1. Learned Rivet hath anfwered this objeftion, as urged by the Bilhop of Win- chefler : Thus. He urgeth, What a con- fequence is this? The Law forbids taking ufe from a poor man, therefore it permits taping from the rich. This being faid , he knits many ah furd confequenees, which he pretends to be of the the like import: a4s, The 94 & Eeplt Mr. jeiinger'gs The Law forbids to cpprefs Widows or Or- phans , therefore it permits, that fitch as have hufbands and parents may be oppref, &tc. Bat in fucb Confequences there is a dif- fmititude, bee a life opprejfion and the like are evil in t hemfelves, as is clearly proved from other places,but it is not in it felf evil, to take any increaje for loan,but in fome cafes only, into whichthe rich man,whilefuchfalleth not. Mr. J. The Stranger is Excepted^ and not the Rich, Beat. 25.29.20. Reply. Neither was it neccfiaryi the perfon to whom it was unlawful thus to lend. being fufficiently pointed out in former rehearfals of the Law. The Dutch Annotators upon 23. 20. Unto the Stranger thou [halt lend upon ttfury, i. e. Thou mayefl lend upon ufuryfecaufe they had dealing with the jews, not as the poorlfr aehtes had by reafon of poverty, but to trade and trajfckwithjhem.aud to be enriched by them. Mr. J. A gracious promife is here made to fuch as {hall l'o freely , ^and without Ufury lend to rich and poor. Reply, x. This is more than I can fee from the Text for any other J the bor- rowers here being fuch as borrowed Vi&u- als & Money to lupply their urgent neceffi- ty,but on the contrary there isa curie upon the head of any that is liberal to the rich, Trov. 22. 16. He that oppreffeth the poor to increafe his riches, and he thatgiveth to the rich, [hall furely come to want. 2. Let rnfurcr Catf. 95 2. Let the Reader obferve how Mr. J. makes it our duty equally to lend freely to poor and rich. The Law faying, Thou jhalf not lend upon ufury to thy Brother ? And is not the Rich thy Brother too ? faith he. In that the Law faith, Thou jhalt not lend upon ufitry, It doth Hay,Thou jhalt lend', Under this Prohibition (faith A infworth in Deut. 23. 20. ) the contrary is commanded, that we (heuldlend unto our 7 j poor Brother freely, and not take again any thing more thart was lent. And to our rich Brother too, faith Mr. J. But fo far I think he will have but few of his mind. But if we are -not bound to lend to the rich, I fee not, how we can be bound to lend freely to them. 3. Of a truth there fhould be fome dif- ference put between rich and poor in the bufinefs of lending : So thought the learn- p , ed Dr. Hammond, who after he hath given c a t ec 'ii us ( as he faith) the one only ground a- p. 316.° gainfl Ufury in the NewTeftament, taken from Luke 6. 20. And having declared his Judgment againft taking ufe of the Poor, he adds , As for the Cafe of the rich mans lending to the rich, there hath appear- ed nothing in either of thefe Interpretations which will oblige us to it, or (if he do) which Will prohibit the taking Interefi of him.—— So do I not know any other, fo much as colour of Text in the New Teflqment that forbids it y Rules of holy liv- in p. <56. 95 91 ECptpO Mr. jelinger'0 it, nor indeed reafon nor Analogy, &C. p .38. So then Mr. /. might have taken notice of others befides Presbyterian and Con- gregational men, that all allow of taking ufeof the Rich : here you have this learn- ed Doftor putting a difference betwixt Poor and Rich in the tranf'aftion of Lend- ing j as alio Doftor Taylor doth in that of buying and felling: That to poor perfons 3P-' 2 "'theutmoft meafureand extent of juftice, is unmerciful , which to a rich perfon is Innocent, becaufe it is Juft, and he needs not thy mercy and remiiTion. 4. Yea, we learn from Mr. J. himfelf, That by lending to fuch as are rich, we do but furnijh them with Nerves and Sinews to do mifchief with, to opprefs others in bar- gaining , &c. If we \cnd freely to the rich, would not the fame mifchiefs follow, yea, be increal'ed ? His Anfwer to the fecond Reply needs no farther conhderation , as being abun- dantly fatisfied from what hath been al- p.38. ready fpoken. Only, As to what he whit- pers into the Minifters Ear , I am to feek out of his meaning, when he faith, If thou art againfl ufury indeed, as thou fapefl thou art, then why do]} thou fpeak ^againfl me that fpeak1 againfl it, when I do not once mention lending to the rich ? Vide p.. Hath he not once and again mentioned 25,&c. Lending to the rich? Doth he not plead for ztfum Cat ♦ or a free Lending to fuch ? Doth he not ® make a Lending for gain to fuch fin- Cm- f ul ? % Reply 3. We muft not make more fins tanv then God maketh. M Mr. J. I confefs it, but doth Cod make Ltd Lending to the rich no fin ? 1 pray where iatof is the place} Jhew it if you can. jttloffi ]#ict Reply: His Anfwer depends upon this eion Medium, " whatever is not expreft in hen® "Scripture to be lawful, is finfu! : the which, how. weak it is I need not ftand to Mt 1 fhew. - It being, as far as I have learnt, a ii, tti certain rule, that in things of this nature, Sim where Civil Contracts and dealings are 1 ink concerned, whatsoever is noway forbid- If rid den, is lawful. God hath no where made w, yes, lending to the rich for gain a fin 3 £^o,It is no iin. •; 5£{d; Obj. 5. I fhow Charity to my Neighbour, 10 iblffi for by my loan •, hepreferveth his Eflatefac. (j;en si- Mr. J. Anfw-i. Charity is kjnd+bt&'uftt- thetf 1 ' r y * s Cruel. utilti Reply. Thisisfaid, but not proved, as jftk to the Ulbry lam pleading for. It isevi- tjltlm dent and undeniable, being every days nt thm experience, that many men have not. only tfjit'g preferved, but increafed their Eftates by this means, and the Commonwealth not lt ioned at all bitten. t plcjd" Mr. J. 2. Charity fhouldbe free in lend- fo 'jngy Luked>3S- H K ¥y- 98 & Bepl^tOMr. Jelinger^ Reply. So Charity (hould be free in gi- ving too *, Only bothmuft be where there are due objetts, to fome we ought to give freely, to others we ought to lend freely; but others there are to whom we owe nei- ther, either by the Laws of God or Man. ; Ut fupra Give to every one that asketh: Though P-3*4* the words ( faith Dr. Hammond ) are in an unlimited latitude, yet ordinary prudence will interpret them fo, that if a covetovu rich man as\^ of me, I am not hound to give to him, but only to him whofe wants fet him on asking: And fo confecjuently in like manner the prohibition or forbidding to exact, take, or require ufe of him that borrows, belongs not again to the poor or mean Creditor,when a rich man borrows of him, &c. Obj. 6. / will never be perfwaded God will damn that man who doth as he would be done tfy—Mat. 7.12. I would be willing to pay , &c. Mr.y. Anfw. 1. Nor would 1 be per• fwaded thatithe Ufurer Would be willing by an abfolate and free will to pay Inter eft.— Reply. I am in this of his mind, if any would fo far befriend the Borrower, as to lend him gratis: this being of the two more eligible. Quisnift mentis in ops, &c. Mr. J. adds, To pay Intereft •, if he were in many Borrowers Cafe. Reply. 1. This is not well ftated: the queftion being, whether it be not rcafona- ble sumtfrCaft. 99 ble for lome that borrow to pay intereft, that can do it, and not be prejudiced by the Contraft. 2. I fhall not pafs farther, until I have look'd a little nearer into the Golden Rule faid down by our Saviour, Of doing as we Would be done unto: which is the Rule of all Civil Trade and Commerce So B . Taylor thought: Whatfoever ye Rukofh Would that Men, &c. This is the me a fare b^v. (iaith he ) of Commutative Jufliccy or of that P* 1 ^°* Jufiicc which fuppofeth the Exchange of things prof table, for things profitable : that Ki I fapply your need, you may fapply mine-, as 1 do a benefit to you, I may receive one by OH. 3. Dr. Hammond treating fas before) Pratt, of Lending to the rich for gain, writes Cat. thus ^ / do not know any other fomucb as P-3 1 colour of Text in the New Tefiament which forbids it, nor indeed reafon, nor Analogy, either from that great Rule in hand, Of doing as I would be done to (for if 1 Were a rich man, 1 would, in Cafe of con- venience or advantage, that a loan Would probably bring in me, be willing to pay ufe for it ) Or'of loving my Neighbour as my felf. 3. From this very Rule Zanchy pleads InEph. the Lawfulneis of taking Ufe or Intereft. 281 Add ( faith he) the Rule of Chrifi, what- foever therefore ye would, &c. But who H 2 is 100 31 Eeptt to Mr.' Jelinger'jS is there that would not ( and that from a right Judgment) be made partaker sof that gain, which is made by the Communication of thy money ? 2Co 5. Such a Contrail ffaith Rivet) hath ^ its foundation in natural equity,'—for natu- ral equity requires an equality: which is not where one receives all the profit, but the other all the difprofit. It is meet therefore in bargaining, that the profits and difpro- fits be equal: that therefore things unequal may become equal, the very Law of nature perfwades that the profits be divided, there- fore a wealthy perfon , to whom an undue office of Lending is performed without any necejfity, ought to pay to the Lender by way of recompence, part of the gain gotten by the money lent : and may be kohnd thereunto before lending, as unto a Condition. The which is confirmed by this Rule of natural right, As you would that men,&c. Luke 6.} 1. But there is none that would not bead- mitted to a participation of the gain,which was procured by the loan he made with the foref.id Orcumflances : Therefore he ought to deal fo with his Creditors, and not think^ himf 'If aggrieved by fo doing.- * Laftly, Hear Bifhopffa/l: SWf/}(faith he ) for the guidance either of our caution or liberty in matter of borrowing and lending, the only Cy no fare, is our Charityfor in all hum.ine and Civil alls if Commerce, it is a fire p. 9 Mlffe? Calf. io i fire Rule, rW whatfoever is not a violation of charity, cannot be unlawful', andwh.it- foever is not agreeable to charity, can be no other than fmful: and as Charity mufi be your rule, fo your felf mufi be the Rule of your Charity, lool^what you vpould wijh to be done to you by others, do but the fame to others, you cannot be guilty of the breach of Charity. But the equity and reafonablenefs of the tranfa&ion , here pleaded for , as grounded on this Rule,will farther appear, if it beremembred that Charity begins at home. 1. Bifhop H-ill fays, God hath not Corn- 2 manded you to love any man more than your felf, and there can be no reafon why you fhouldvailyour ownjusl advantage to another man's Excefs. — Again What reafon can there be, that to p leaf are another man, / Jhould hurt my felf, or that I [houldenrich a- nother by mine own lofs ? 2. (jod would not have thee ( faith Mr. g.4,<5. Burton, in Caveate for Sureties') to help thy Neighbour without any care to fave thy felf: For although he hath faid, Love thy Neighbour as thy felf, yet he never fatd, Love thy Neighbour better than thy felf •, or, Love thy felf lefs than thy Neighbour, but love him as thy felf: i. i. help him and fave thy felf too, or cljc thou fiouldfi love H l him 102 Jelinger'g him, and hate thy felf, which in the fame Words is condemned. De Off. 3. Thus Cicero •, Neither are car own l.j.p. II profits to be omitted by as, and delivered to others, when we want them our felves: bat every one muft look to his own profit •, which maybe obtaincdwithanothers wrong': wife- ly fpeaks Chryfippus •, He that runs a Race, ought to flrive and endeavour to the utmofi that he may overcome : but he ought not at all to fupplant him, with whom he firiveth,or thruft him by with his hand. Thus in our life it is not unjufi for any one to fee Rafter what makes for ufe, but to take ft om another is not lawful. Annot. in 4. You may find it applied to the pre- Luc.6. fent Cafe by Grotius'. Nature dictates that 3 5 • none is bound to profit another 10 his own tefs: but he that parts with his money for a time to pleafure another could have laid it out up- on Fields, or Houfes, and receive the fruits the mean while, the which, if any call uncer- tain, yet that uncertainty, as all chance,hath its value, and may be fold. p. 28c. More fully Rivet. Corifiian Charity re- quires that every man chiefly look, to himfelf and his Relations, all things confidered ; if any provide not for his own, &c. 1 Tim. 5. 8. And Parents are bound to lay up for their Children, 2 Cor. 12.4, C ire. 5. The taftrm-'Cfftt. ' 5. The fame is applied by Dr. Ham- praift. cat tnond to felling : He thai fells too low, may P* 3 01, offend againSi himfielfi and his own Family ; * and a man is to love himfielfi, and not hit Neighbour only. Ob}. 5. The laws ofi men, and even of Christians, the Civil law, the Canon law t the Statute law, do allow of ufiury, and da you thinkjhey would, if uH Wfurers fhouldbe damned, as you fay ? Mr. J. Anfw. x. Denying the Hfficrtion, that they allow of if, they do but tolerate,-per- tnit and reftrain it for fiome Civil good, and to avoid greater evils. Reply t. Cjreater evils ? What greater than the damnation of fo many fouls I (for that is the doom he hath paffed on all that take Ufe) I cannot believe it: neither can there be any Civil good fufficient to coun- terballancc fuchamifchief, byhimfuppo- fed. 2. Neither can I be perfwaded, (howe- ver God might tolerate a Bill of Divorce for the hardnefs of the Jews hearts ) that men may take fo much upon them, and contrary to an exprefs Prohibition of God, by Law, pofitively tolerate or permit that which is in it felf unlawful, againft the light of Nature, and fo deftru&ive to the Souls of men; for what would this be 3 but a vir- tual difpenfation given for the breach of H 4 the m ft Sill II J ft! -w- 1 0 "1 PI TO Mr. Jelinger 0 the Divine Laws ? And might not the Pa- pifis plead for the like Toleration of Stews in their Dominions , even on the fame ground, of avoiding greater mifchiefs. 3. But 11 ink it not difficult to prove, that it is fomewhat more than a bare per- million , or immunity from punifhment that Ufury lays claim to from thefe Laws *, 1 mean, an allowance, (by him denied :) for by vertue of thefe Laws,may not a man recover the Ufe by them preicnbed ? In fome Cafes, the Law of Nature, and the Laws of all Countries do allow it, laith Mr. /erlfins. It is exprefiy allowed to be ufed to Strangers, Deut. 23. faith Mr. Baxter. Hither belong (faith Zanchy) the jufl laws of Piota Emperors — who alfo determine how much it may be lawful to take above the Prin- cipal. And that Mr. J. is miltaken concer- ning our Laws, 1 fhall fend him to the laft Statute , ( which is the only Law in force in this Land : ) This looking back u- ponthe Law immediately preceding, ex- prelTeth, Its allowance of ei A hi in the hnn- fired. And now I am come fo far, I fhall take a little more notice of the Law in force: T his forbids taking above fix per Cent, by way of bargain, loan, exchange, c nevefance, jhift or intereji : fome whereof are by Mr. fis concelfion in themfelves lawful, and there "ore here not only per- mitied, but alio allowed, as long as they keep eta mteer Caffr 105 keep within the bounds prefcribed : And all thefe fore-mentioned dealings are for- bidden, not only with refpett to Money, but alfo to Wares, Merchandise, or other thing or things what/cover ■, and with refpeft to the forbearing and giving day of payment for one whole year, &c. Mr. Holton rejects this laft too, as Ufu- ry what are Mr. J's thoughts herein I know not; but by that Opinion, I fuppofe, few of the Shop-keepers, Traders, Mer- chants, &c. in the Nation will efcape cen- lure. Whatever he thinks in this matter, I fhall hereafter prove it reafonable, and the taking of life to (land on the fame foun- dation of Juftice and Equity with this. •4. Let it be alfo confidered, that foraf- much as propriety (which is founded on the Law of Nature) receives its limitation and application from Human Laws; whe- therany man hath not the fame right to 6 per Cent, in this land, that lends his mony, as any one one has to his Lands and Tene- ments, or any Goods he enjoys byvertue of thele Laws ? Dr. Hammond fpeaking prai "' < ; cat: * againllthe founding dominion in Grace; ^ brings to difprove it: That kf own Maxime, that ChriJls Kingdom is not of this World, that he came not to interpofe in Secular Hf fairs, (fuch are the proprieties of men) but c ifclaimcd having any thing to do to be a ioS £Eepl|>t0 Mr. Jelinger'# Judge, or divider amongfi men, and himfelf pays Tribute, &c. And thefe things we are treating of, be- ing Civil, Political, and depending on hu- man Contra&s, are the proper fubjefts wherein human Laws are concerned, for the ftating the bounds between borrower and lender in the matter of gain; as they alfo do in fome cafes between the buyer and feller: provided ftill, that thefc Laws do keep within the general bounds of Equity and Moderation that may becolle&ed from Scripture or right Reafon. It appertains to thele Laws to date and appoint , as at what rate Gold and Silver ftull be valu- edj fo alfo what rate Money lent fhall bear. 'Tis what we have learnt before from H. living. Dr. Taylor: That commutative Juftice is P. 205. fitch as depends upon the laws of Man direlt- ly, and upon the laves of God only by confe- quence,lkc. And we have Leer's Judg- menttoo, favouring what I aim at. Confciencc (faith he) may be confulted for, If the Magi/Irate, with the advice of Divines.and and Lawyers, preferibe a cer- tain middle way in thefe Contrails. And Gro• In J uc - tins. Firft, They ought to take heed,, thatun- der the covert of ZJfury they ex all not more than is meet, the which becaufe it is not pU' ced in a certain point, but admits of a lati- tuds cufuret Cat. 107 tnde according to the diverfity of Country* and Nations, ought to be defined by Civil ' Law. ^ J & 5. I fhallclofe thisSubjeft with Learned r ' 2 ^ 1- Rivet: In thefe Cafes, neither Chrifltan Charity, nor Natural Equity, nor Humanity is violated, if befide the principal there be 151 j an addition of fame increafe, and fo much , gain, as by Publick^LaW is allowed and defi- " ned ■, and that by the fame right by which it is lawful with a fafe Confcience, to buy from ;;:L ' the fame perfon part of his Revenues or E- ijpeitu flaft. Afterward: A wife Magiflrate is not to p. 282. glbcw 1 foe blamed •, if to prevent flrifes, he (hall be lent pleafed to ufe a certain moderation, by ap- pointing a certain Jurnfor an yearly Penfion ■: tfore If Hnd feeing the Magiflrate rewards Money jf"! disburfed by Sub jells with fuch an yearly Pen- tw® rtl , flon offve or fix F lor ens, as is done in thefe jljfyw, *Provinces, therefore the appointment there- bet'sP" of ought fo much the more to be approved, lit , ( Not as a toleration, or fome bounds put to ji> tsf Ufury, otherwife unlawful j for the preven- y d'$\ ting of abufes : otherwife he ought not to ad- minifler an occaflon to fin, but becaufe he fees it neceffary for Civil Society, and not againfi Equity, being he had an eye to that, and de- I,.til*" flgnedtoflop many Controverfies. Therefore 80" the opinion of Learned Men is not amifs, is 01' 1 thai as in Civil Commerce the Magiflrate may i (if i I' make ufe of other Conflitutions, fo of this al- " fi, io8 3 Bcplj? tO Mr. Jelinger'0 fo, without any fcruple of Confcience ; when he knows the Magiflrate to be the Minifler of God, ana furnished by him with the power of making Laws, whom in this his Ordination he kn°ws to have refpeli to Natural Lqiti- *y- I come to particulars: What Mr. J. I. lays of the Civil Law, -- Whereby an- cient burdens were reduced (faith he) tb fome Mediocrity , makes more againfl him than for him, in that it acknowledgeth a Me- diecrity may be found out in the tranfaftion between borrower and lender. 2. Canon Law : The Boftors of it (faith he ) ufe this Argument, That an Inferior law cannot take off the law of the fuperi- or. Reply : Gods Law of Ufury being pecu- liar to that Nation, or reftraining it to the poor*, there is room enough for Human Laws in this cafe. praSt. cat. Not impertinent to my purpofe is what p. 313. is laid down by the Rev. D. Hammond : 1 mufl tell you, that the huftnefs of Vfury is not fo clearly ftated in the N. T. (and for that among the Jews in the Old, it is both obfcure, and only to a fellow-Jew, and fo be- longs not unto Chriftians, who are net obli- gcd by their Judicial Laws, any further than the equity of them is imitable by us) as that 1 can fet (irict and certain Laws to any mans aFlions from thence , &c. Mr. miuxtt Calf. £ Mr. J. 3. Statute-Law, Jac. 21. Pro- vided that no words in this Law contained, Jhallbe conjlrued or expounded to allow the practice of'Vfury in the point of Religion or Confcience. Reply : Allow it then it doth in civil con- verfe. And the determination of the Con- troverfie, whether the Law of Old among the Jews made againft Ufury, be in force, is foreign and extrinfick to a Civil Court or Judicature. If the Civil Law forbids flefh in Lent, the ufe thereof at that time, in point of Conicience, remains lawful as before 109 Mr. J. Anfw. 2. That thefe Laws are [° far from allowing of Vfury, that they jhew themfelves mofk bitter enemies to it. Reply : Not all Laws furely : we have in part ieen the contrary already : nor againft all Ufury, but fuch as is vexatious and op- preffive. So Learned Zanchy underftood * n Ephef. the Laws that were made againft Ufury; 4- 2 faying, Hither belong all the Laws of Hea then and pious Emperors, whereby heed was taken, that fuch like Vfury fhd'ttld not be exer- cue, l:: Mr. J. 1. The Civil Law in old time was ; l m f> ftricl againfi Vfurers, that rhey would not yp admit anVfurer to the admimflration of the Commonwealth. f, *¥y •• 110 31 Eepltf to Mr. Jelinger'g Reply i. lean tell him too, when they would not admit a Chriftian to the lame Im- ployment. 2. Whereas he faith,//? old time .-how old j n ^ it was we may learn from Grotius: Leo * £ who lived in the ninth Cent, and began his Reign, Anno 936.3 was the fir ft Empe- ror, who thinking all Cfury forbidden Chriftians, eflablifhed it by a common Law, whereas before the Churches them/elves Were wont to take Money C fub tricntalibus Ulu- ris 3 after four in the hundred. And the Emperors which forbad Ufury, forbad Suretilhip too, fays the fame Au- Grotius : which ftrift Laws fome Emperors De Jure, fincc have recalled ; or elfe Zanchy was Gc. 1- miftaken, who lays', Hither belong the c.2. §• I j 2. jL a w s of Pious Emperors, -— who alfo have determined, how much above the Principal it may be lawful to take. 3. Whereas the haws Ecclefiafiical and Canon, denyed them the Sacraments , &c. This alfo was toward the latter Ages, not in the pureft Antiquity, if we credit Gro- tins: Amongfl the Ancient Canons (faith he) I find none, which removes from the Sacra- ment all thofe that exercife Cfury promif- cuoufly 3 that was done in the latter A- ges. 4. Statute-Law : Though fome ofthefe condemned Ulury 3 yet they took it from Tradition as granted: not undertaking in mtuxtx Calf, ■ m point of Confluence to determine whether lawful or not; this not belonging to their Jarifdi&ion. And our late Statute of U- iury, pafleth no fuch reflections thereon* as fome before had dpne , and the Laws in feveral other Countries,looking on it with a more favourable eye, allowing the practice thereof for their Chriftian S ubje&s, under due limits and reftraints. Mr. J. Some will reply: That the law may he under flood to he fo hitter againfl all Oppreflive Vfury. Tut 1 anfwer, No. Reply : It may be reafonably fuppofed; that it was this oppreflive Ulury, that gave the occafion to thofe fevere Laws againft it: from which oppreflive llfury, they did not think themfelves, 'tis like, fecure enough, unlefs they condemned all in ge- neral. Here Mr. J. grants, that all Ufu- ryisnot oppreflive: Let us confider his Anfwer. No, for it declareth alfo what Vfury is, namely, when a man takcth any thing over and above his loan : So Vfury is committed, when a man having lent any thing that doth conflfl upon number weight and meafure, doth take any thing over and above his 4oan> Refp. A man lends his Neighbour a thou- fand pounds of Wool, or an hundred Bu- fhels of Corn, fuppoie for two years; here is number^ weight and meafure: at the two !«naUSV 1 ii2 SL tO Mr. Je linger'# two years end may he not take fomewhat over and above this loan feeing the other, with his leave,hath the advantage of making the beft profit of his Goods ail this while ? In t 1 CjrotiM {rates it lawful, faying, All ac- ^ , U knowledge that he has more, that receives for the prejent time any thing, than he that re- ceives a long time after, for the advantage the natural pojfejfion brings With it \ which takes place no lefs in loan, than in a thing hi- red: if we fiand more upon the weight of things than the Nicity of Words but this ve- ry thing which is placed in the delay of time, Without doubt may be valued, and therefore may be put into the bargain- Obj. 8- Divers Modern Divines allow of ufury, if it- doth not exceed the fum limited by Law, and be moderate. Mr. J. Anfw. I know fome few fuch Di- vines do, &c. Reply i. The way to find out the truth,is not to go to the Poll: Teftimonies muftbe rather weighed than numbred : Errornot feldom having the major-vote. In this our In Luke Concerr b 1 doubt not, Grotim is in the right g, ~f^ Nothing , faith he, is more fafe,than to tye up Rules,either to the bounds of right Reafon, or of the Divine Oracles. 2. Yet, as far as I can underftand, the number is not fo great on his part,, as he would perfwade us •, but may admit of a defalcation, wfuttv €a& i defalcation : few coming up to the height t, of his cenfure and ftritt definition, lo as sg to make all expeftation of the lcaft Ic! gain Ufury; and all fuch Ulury dairina- «. ble. fir 3. Whereas he Wings in one Muflering rt- up iS. for it, but an [veered by Mr. Bolton, tajt and thereby, he faith, his labour faved. )W I think on the fame account he might ri4 have faved his whole Treatife, at leaft what ft r concerns the objections forementioned, feif the work being done to his hands, by the ftq fame Learned Author. Mr. J. But what fpeakj (faith B-Jewel) of the Nncient Fathers / There was never any Religion nor Sccl, nor State, nor .pfon Degree, nor Brofejfion-of men, but they have iivilli tn if iked it. Reply. And that defervedly too, if thi« [, jj. be meant of opprefTive Ufury : otherwife none is bound to believe him - , and 'tis hard to prove the truth of it. He brings in B. Sands faying, Ml Nations have at all ^ times condemned id fury ; and Mr. Bolton— None have flood for ZJfury, for the [pace of • 'right 1 500. years after Chrift : If they meant of this Ufury I am pleading for the Lawful- „ r nefs of it will appear that they did not ' take right meafures, nor caft their Ac- compts right, if we call to mind what be- jjlu fore we received from Grotim, viz.. That ^ t0 5 f a Leo was the flrfl Chriflian Rmperour that J,u I made JtiOHi ■I &2RepX^tOMr. Jeliriger'# made a law again ft all Vfuryt, whereas be- fore that the Churches themfelves were Wort ■ ^ to take Vfury according to 4 per Cent. ] And Mr. J. himfelf affirmeth, That it 1 ' • % m reached to learned men in the Church in ' Chryloftome'j timet, and alfo to many j great Profejfors of Godhnefs •, And I (ball add, to Martyrs and Confefiors too, with- in this laft Century : As I find it in the Hi- ftorv of the Bohemian Terfecution, where- in the Proteftant Profeffors are laid to fuf- fergrievoufly under the Emperor, Circa An. 1 d2o. The words cf the Hiftorian are , thefe: lci And becaufe they thought that many had as i Monyatllfe; that they might alfo fqueeze ) s: out this they commanded that every man '• (houldbring what Bonds he had, upon fain of loofing the whole fum, if any one did but ¥ conceal the leaft. In Moravia there was a V : peculiar Judicature created for this thing, "'] which they called Grida, at Mulas-bcrg, ^ where all were bound to appear; fame were re- sn S ftored the whole , viz. thefe of lefs value, ty' for an appearance of Juftice, others were ® fuppreffed for counterfeit reafons, from 0- 2 thers a part was fet apart for the Emperor, !m &c. • j If; 2. Whereas Mr. Bolton fays, That all I Councils (ftieftdesthc Nicene ) that ever men- "is ioned it, did condemn it : I may fay, neither that Council, nor any other for the fir ft four far hundred mmwWm* hundred years condemned it (one excep ted) fave in the Clergy. What is urged by him out of the Rev. Bishop Hall ; I {hall make fo bold as to ex- amine. Biihop Hall: Natnreteacheth, that Me- tals are not things capable of fuperfetation : that the ufe of the Stock once received, it is not the lenders, but the borrowers: for the power and right of difpofng the Principal, is by Contrabl transferred for the time to the hands of him that receiveth it, &c. Reply i. Let it be obierved how this learned Bifhop,On the fame queftion,doth as good as allow takinglife of theRich,and is not, that I can find, of Mr. s i> ind, in making the expectation of gain, Ufu- ry: only he is againft binding by Contraft topayUle: Yet, In that the power and right ofdifpofing the Principal (as he fays) is by Contrati transferred to the borrower - I fee no reafon, why by the fame Contract, a right to fomewhat of the gaim procured by this Money, may not be transferred to the lender- * 2. I fhall confider what he pleads: Na- tare teacheth, that Metals are not capable of fuperfctation. Reply i. If they be capable of fetation, it is enough. Or all other, this feems to me the moft barren Argument: Upon fearch, I find that Calvin fpeaking of this I 2 Argument, 11 *> ii 6 91 llpf tD Mr*| el iriger'g Argument, that Money begets not Money, calls it tsfoolifh, childijh reafon. And Mr. jBtf/rotfhimfelf judgeth it a weal^ argument, ' prejudicial to the caufe it pleads for. But when the barennefs of Metals is plea-. ded, I may lately think, it is not meant of Metals in the Mine, for there they re- ceive a Natural Increafe, at leaft by appo* fition. If it be meant of a Civil Increafe, fo ex- perience manifefteth, that Metals are not fruitlefs, but capable of producing In- creafe : The World, Itruft, is not now to learn, that we owthe value of Metals, (I mean of currant Coyn) not to Natures Law, but to Civil and Human Inftitution. In a political fenfe, I fay, Money is capa- Vol. x. b!e of Increafe. Pious Perkins hath an- .63. fwered this Obje&ion: Let us hear him. Albeit (faith he) Money in it felf be not fruitful, yet it is made very fruitful by ihe borrowers good ife \ as ground which is not fruitful except it be tilled. Thus learned De C nf. Ames: Thus Cjrotiiu : Many that they may prove all gain to be §n lawful from the ufe of Money, fay, Money in its own nature is barren : But in this Argument there is an evident falfe rcafomng \ for Money is faid to be barren by nature, not that the law of na- tare ordains fo~, but becaufethe ind fry of men, not Nature it felf, hath givm the ground-workjo fetch fruit: As alfo a Houfe is ?74< In luc. 6. "35. mfmtt Cat. 117 is barren by nature, yet the Kent thereof none will fay is unjujlly taken by the Land- lord. Bifhop Hall urgeth, That the life of the Stocf once received, is not the lenders, but the borrowers • for the power and right of difpofing, — is transferred , &c. Reply 1. But on what condition was this right transferred ? oris the lender bound to transfer this right of ufing and difpofing his money to another, as rich, or richer than himfelf ? and is not this right of ufing, &c. valuable? If fo, (which cannot be denied) by the fame Contraft that the lender pafleth away his right, maYhenot asjuftly, for this right transferred, have fome gain fecured to himfelf ? 2. But this and the foregoing Argument being fully anfwered by Rivet, I fhall tran- fcribe what he writes. . 4. Obj. Money is of its own nature bar- ren. Refp. Carolui Molinaus anfwered, That Rivet Money by the help of a mans labour, was a 287 fruitful thing, as a Field, which of its own nature brings forth no fruit without human induftry. They Reply : That will make nothing for his caitfe that takes any fum above the Prin- cipal, but by this very thing hit wick*dnefs' is reproved j for Money as by human indu- I 3 #7 ii8 &3Ee,plt'tO Mr. jelinger'g flry it is fruitful, fo its fruitful to his cw- ner alone, not to another, not to him that by lending hath deprived himfelfof the proprie- ty. What hath been faid, may ferve for an anfwer to this Objetlion. For the Creditor may be confdered, either as before the deli- very of this money, whereof he is yet the owner \ or after the voluntary delivery of the Money. In the firJl State, feeing he is the owner of the thing, he may Covenant before he deliver it. In the fecond, if he abfolutcly gives the Money without any other Covenant, then that the lily? Sum m e be re- paid, ho hath parted with his right thereto, and may not demand any thing for its ufe : but we /peal^ not of what is lawful after the Money abfolutely delivered •, but cfthe firfi condition, wherein the difpofing of the Mo ey is in the hand of the Creditor, with a power either of not delivering it without a condition, or of delivering. Neither may it be objccl- ed, that the right of u/ng the Money, or of any other Commodity which may be conftmed by u/ng, cannot be diliinguifired from the Commodity, and therefore nothing can fitfilv be required for it : for that is not abfolute- ly true, for that right is valuable } the which he that lends his Money Wants. B. H. How odious and feverely inter- dit'eed iifurary Contrails have been in all times. Reply: mftimCaff. 119 Reply. 1. If by Ufurary Contrails he means the taking of Intereft beyond mea- lure and common equity; let it be rendred as odious as they pleafe. 2. If theteby be meant any thing re- ceived above the principal, we deny it in- terdicted at all times j not furely in our times wherein the taking of fuchaSum is by Law allowed. And I perceive, that by ZJfuraryCont/abl, or Obligation fs meant an illegal Contrail, viz.. The Covenant for taking more for Lending than the Law al- orphans lows. For 1 have read, If one be bound Legacy. in an Obligation which is ZJfur ions, the p, 206. Bond is void betwixt the parties. Vide 3. But if true, that fuch moderate ta- king above the principal werefo odious in p art _ u * all times foregoing : we may find Cicero's p . 2 o. obfervation verified herein. and 27. Saith he, It often comes topafs in time y Deoff.l.j that what was generally wont to be accounted P* 10 ^ odious, may be dtfeoverednot to be fo. 4. I fhall anon fhew how thefe Heathens that were againft all ufury, were againft borrowing too *, unlets in cafe of extremi- ty. B. H. Wife Cato drove them out of all Sicily •• and Lucullus from Afia, &c. Reply. I know the Grandees among the Romans were went to take much upon them in the conquered Provinces: and that many then (as well as fince) forbad fuch I 4 practices , i so 91 Mr. Jelinger 0 practices in others, that in themfelves they frequently allowed,or other things as bad. Sen.de And of this Sage Cato f who knew,it feems, vitabeata. fortius loqui qudm vivcre. ) c.17.1 3. Seneca lays, " that he was wont to com- (Km. c. u mend Curius and Goruncanim. ; and that t{ Age, wherein it was a fault fit to be "punifhed by the Cenfor, to have a few " Silver Plates, and yet this while he poi- ,c feffed four Millions of Seftertia's •, that is above a Million and Quarter ofpounds, ac- cording to our Count. Hovv he fhould heap up fo much wealth without Ufiiry, or Courfes that were worfe, it is not eafie to conceive. Deoff.l. I find Cicero alfo (though no Enemy 3.P.137. to him ) toperftringe him of over rigid- Mr. Ca- nefsin relation to their Allies, and in the pels Ap- bufinefs of the treafure and tribute. And 1V29'' X " 1 underftand too, that this Cato y who was fo bitter againfi lending money for life, could willingly lend his own Wife to Hor- trnfiM for Ufe and Increafe. Strange it is that he fhould difcern the one to be againft the Light 0 nature, and not the other.' Mr. J. brings in Mr. Trap faying, That at Rome (this day) all Vfurers art Cxcommunicated Monthly. Reply. And do not all Ptoteftants, as well as thefe, ftand Excommunicate at this day, by the fame Church of Rome ? are Idolaters, Harlots, and Adulterers, mftimCalL i2i fo often Excommunicated with them ? Or, why fhould they, that think it not incon- fiftcnt with their piety to tolerate Stews, &c. be fo over angry with fuch as receive any gain for loan ? Unlefs the Pope have the fame deftgn in it, that I hinted before as projected by Tiberius, in forbidding of leffer Traders this way, that he might have the greater cuftom. Mr.J.fA- Weem». — The Primitive Church ordained that no man fhould eat or drinks with fuch 'Vjurers , nor fetch fire from them. Reply. Still the Queftion rccu'rs what is meant by fuch Ulurers ? Such, I truft,who made it their Trade to opprefs, overreach, and cheat And what Primitive Church he means I know not: The Canons that were made Cent. 4 th. Againft Ufury , con- cem the Clergy only, faveonc that looks farther. Mr. J. brings in Taretu affirming the P;4<5. ^ Ulury of Chriftiatts to be fo great a pro- fanenefs, that it hinders the Converfion of the Jews. marg. Reply 1. Oppreflive Ufury, as well as other fins, may have a hand in the hin- drance of that great work •, (not that I think the Jews are much (tumbled at it, who are notorious for pra&ifing thereof; and look on the Law againft Ufury, as made in favour of thofe of their own Na- tioH 12 2 QMCpiytO Mr. Jelinger'# tion) but how this moderate taking of Ut fu^ra § a ' n ^ lou ^ contribute thereto, I am ftill p. 215. to : though this I perceive paffeth with him for profanenefs too. 2. 'I'arew calls the Jews, {^famulus Chriftianorum [] the Chriftians Servants. The Chriftians, 'tis like inmloying the Jews as their* Brokers to t Ut out their money for them, cither becauie they would feem fhy of Ulbry themlelves, or becaufe the Jews were more skilful and dextrous at the work. Contra. I meet with Hornbecl ^ reproving Jud .l. 7 .C. the Jews for the oppreftion and griping 7 * Ulury by them praftiled againft The Chri- ftians, under the notion of Strangers, and withal! he minds Chriftian Magiftrates of their failure in buffering the Jews to ufe their Cheats and griping Exa&ions a« mongft Chriftians, {hewing the ill confe- quences thereof \ and amongft others this, viz.." The hinderance of their Converfion: "which hefaith 5 is made a Common obfer- Prok 0. " vation by our Divines, viz.. Luther ^ Fa- p. 28. giWp Sands , &c. Mr. J. I Will fet down the Thefes of the Vmverjlty of Wittenburgh, pubhtfly there difputcd a little after Luther was rifen. Reply. This was but a little after Luther was rifen but we have feen before, how Lather himfelf, when grown more Expe- rienced, and toward his latter days, was grown _____ . . ! mtuxu Caff* 123 [ grown more moderate in his thoughts a- bout this i'ubjeft : And the like may well be luppofed from this fame Umverfity, not only from the influence Luther had there- on; but /or that in Rivet' 1 s Catalogue of i thole that favour it, 1 find, Salomon Gef- ner , Profeffor at Wittenberg to be ono: Of the fame Judgment was Wollebins and chrift yyindeline, both • nous Profeffors of Di- Theol. 1, vinuy, the one -'.t jBafil, the other at j4n- 2. c. 12. _ halt 5 who alfo aflerts, that moft Modern Divines, Lawyers and Moralifts were of 0 P ,o0 °* the fame Judgment: And to his Univerfi- ty, I fhall op^ole another, viz,. The Uni- verfity 0 {Tubing. M. J. $niv. Wit. x. pof. Forafmuch as all Vfurys are in tbemfehes evif Itfol- loweth that all Simulations for Ufury are ef no moment. Reply ; May then the borrower promi- fing , with a fafe Confcience break his promife, and fave his money ? Whereas of the godly man, before his Text, 'tis faid, He fwearcth £or prornifeth] to his own hurt, and changeth not. Whether all Ufury be in it felf evil, we may confider more hereafter, when we look into Mr. Bolton's difcourfe upon Ufury. Mr. J. 3. Anfw. 1 am ajhamed to fee and read how our adverfaries the Papifts, who fcorn 124 & tO Mr. Jelinger'0 [corn to appear for Vfury, do cafl it in our teeth, that the Calvinifts, efpecially, —- al- low that ufury, which doth not exceed the Princes Tax, as they call it, that is, the [am permitted to be taken by L w, over and a- hove the Principal: And will you own your [elves to be [uch Calvinifts, and [uch Here- ticks. Reply i. Good words Sir ; fuch language ill becomes you, how well foever it might become a Papifis Pen. 2. But I come to apply falve to this fore. i. Do the Papifis {"corn to appear for llfury ? not all furely \ and the reft it is like defire to play lead in fight. He him- hiarg." mentions leveral Popifti Schoolmen of another Judgment *, as Abulenfis,Conrade, &c. Oftentat. -• Read what is written by Mr. Capel p. 269. (an Anti Ufurer) of the Papifis, even of thofe amongft them that are moft fevere againft Ul'ury. Papifis (faith he) teach, that in ca[e a man be in very neceffity when he takes n[e, and makes profit by his Money, yet if after this, neceffity ceafe, he is not bound to make refiitution, when he hath wherewithal, and this neceffity they fir etch, and will have reach to his Efiate : for, fay they, by the Law of Nature all things are common, Mine and Thine came in after by lawpofitivc , &c.the Papifis then that hold Ufe wium Cad. 125 life unlawful, do not hold it unlawful for all perfons to take it. 2. Andtojfiw they give leave to ufe their griping Ufuries, when they can re- prove what is moderate in Chriftians. I receive it from Hornbeck, fpeaking of the Ccnt.Jud oppreflive Ufury prachfed by the Jews proleg. towards the Chriftians, but condemned 28. by Synods and Decrees of the Emperors, and commonly decryed by our Ghriftian Writers, as a caufe ofthe Jews hardening and eftrangement from the Chriilian Faith} he adds, So that it is a wonder that there are fome among the Papifts that defend the'fe things \ and that ufury, which all the Canons banne, they grant to the Jews: to wit, becaufe the fame feemed good to the Lord Pope for gains fake. r But our Divines thinkotherwife, and with one confent deteji thefe things. 3 . And though the Papifis generally condemn Ufury •, it is but the name moftly, whiles under other names they allow the pra&ice thereof. Publick Banks having been irfftituted by the Popes themfelves ^ as Rivet informs, who fhewing what lad work they made therewith, concludes thus: The which things 1 were willing to p. 289. mention by the way, that one might fee how ferupuloiu their Confcience is, who do fo a- cutely difpute of ufury, wherein they will ad- mit no moderation, fo as that in Any cafe, upon 126 & Uepf fOMr. }elinger 7 $ upon the account of loan, it fhould be lawful to receive any thing above the Principal. 282. 4, And the lame Author brings in Sco- tm and Maldonatc ipeaking as much, in ef- feft, as the Calvinifts do. He brings in Scotus excepting thofe cafes frem unlawful Ufury. 1. When one takes above the Principal from CompaFl, in refpetb of a Conventional Penalty. 2. ZJpon the account of Intereji.-- — 5. When both Principal and Over-plus are put to an ha- z.ard ; Yea the lame Author affirmeth, "That it is lawful to take fomewhat over, be- eaufe Money may be borrowed for a jherv, for an ornament, and to make pretence of a- bility, that one way appear rich. Which lafi cafe ( faith Ri Vet) hath not fo much equity, as that which covenants for an yearly Ten- fion. Maldonate to the forementioned cafes, adds Suretifhip. — The fame Author alfo brings this difttn&ion, which fails in with that we have ufed above. In lending Money or any other thing, there are two Pules to be obferved for the avoiding of U- fury. 1. whether he that asks to borrow, do ask out of neceffity, or for the fake of gai- rung : for if he ask out of neceffity, it rnufi be delivered without gain : If he asf to gain therewith, here Charity hath no place, but the fame may be laid out as an inflrument of Traffckj, for which Money thus expo fed to Traffick f smfum Calf* 127 Traffic!?^ he that takes gain doth not commit Vjury. 2. 7hat it may be confidercd by what art he is wont to gain, that asketh the Money j for if he he honefl, and doth not ask^ to get unjufi gain, all fcruple is taken away, &c. What fay we more than is here faid ? 5. The fame Popifh Writers, that deny all Ufury asunjuft, can yet palliate orap- prove of fome kinds of theft direftly againft the eighth Commandment: if we believe the learned Spanhemius. sis for the Opi- Dub. Ev<, nions ( faith he) and Decrees of the School- part 3. men, Girwmfis and Cafuifls, wc Weigh them P» 672, not, feeing their authority is of no force, de- ciftons weak, and foundation flippery, not ap- proved by Abulenfis himfclf and many other learned men. "Truly it is a wonder theje men floould fo fcrupuloufly and anxiofly profcribe all "Ufury, yea, that which is moderate, grounded on the befi right, and bounded with due cautions : and yet in the mean time do alleviate or cherijh other fl'ns , yea many Thefts direSlly contrary to the eighth Com- mandment, of which fort many are to be found in Navar's Enchiridion, Emanuel Sa's Aphorifms, and Tolet's Cafes of Confcience, &c. Mr. J. 5. Divers Adodern Divines Were againft the ftrict keeping of the Sabbath. —- And willyou prophane the Sabbath ? — becaufe Chrlftian Direft.. Tom. 4. p. 129. 91 IRZplV tO MrT Jelinger'g becaufe fitch andfiech French and Germaft Divines are againft the Morality of the Sab■ bath ? Re fly : This is not reaioning nor difpro- ving; but a needlefs laying open the fhame of good men : becaufe they were miftaken in ohe,muft they neceffarily be miftaken in another thing ? If Peter were to be re- proved for iymbolizing with the Jews } muft he therefore be reproved for preach' ing to the Gentiles ? I could name him too Tome that are againft llfury, that are alfo againft the Morality of the Sabbath , will it follow, or will he grant,that becaufe they were miftaken in the latter , they were therefore fo in the former ? I think not j and yet of no more force is his realo- ning. Mr. jT. Is it not the be ft 1 Vay> where two Ways meet, the one doubtful and dangc- row, the other not, to chufe the bejl and ma• reft way ? Reply 1. If Mr. J. himfelf had follow- ed this Rule, he would have fpared many harfh cenfures, and not have I'o perempto- rily condemned the innocent. Mr. Bax- tor's Judgment in this matter is, It is a bad thing to corrupt Religion, and fill the World with caufelefs fcruples, by making that a fin which is no fin. Divines that live in great Cities, and among Merchandise, are ufually fitter Judges in this cafe, than thofe that live rnoft miuvzt Catf. 129 mofi obficurely ( without experience ) in the Country. 2. I add Pious Calvin (whom Mr. J. clears from the guilt of Ufury, becaufe he dyed poor ) Jfi we wholly condemn Vfiury, gj vet- we put a fir icier tye upon Confidences than the p.277. Lord would have. 3. Bifhop Hall (hall infhu£t him Chdfi p. IO , rtty will tell you, that ifi you can find out a way, whether by loan or fiale, to advance your Stock., that may be firee from Oppreffion and Extortion ; and beneficial as Well too- thers, as to your fie If, you need not fear to walkjn it with all honeft fccurity. ' 4. Hear alfo the famous Grotim: Tut hi Luc. Again 1 fee for the mofi part it comes to pufis, 35* that too much rigour gives occafion to a boundlefis liberty : for when men perceive how that which is too far ftretcht is not proved by fufficient reafions, fiiding into the other ex- tream, they indulge themfelves without end and meai'ure. I have fomewhere met with, the fay- ing of a Learned Divine, founding, as I remember, to this effeft: That to forbid lawful delights and Recreations to Youth, is the way to make them break over to what is unlawful: 1 have caufe to think, that in Civil Gontrafts, and mutual Com- snerce, the forbidding ofwhat is lawful, is the ready way to make men betake them- felves to unlawful fhifts: 'tis like the too K ftrait 3 30 9, Wpwto Mr . Jelinger'^ ftrait bracing of tender bodys to make them over-neat and fine •, which frequently proves an occafion of deformity and crook- ednefs: for Nature, if poffible, will find a paflfage, and how much the more it is pent in, by fo much the more violent is the ir- ruption, where it finds the reftraint wea- ker than elfewhere. 6. Weneedn6t then be to feek of rea- fons for the pleading for a moderate Ufu - ry, befides the intereft of the Nation, which is not a little therein concerned and befides the many fcruples that are by his Do&rine occaGoned in tender Confci- ces. Mr j. 7 Anfw. T'hofe ■very Divines you lean upon, will be but a broken Reed — bee a life they have fitch and fo many con- ditions, 'and temper it with fo many limit a* tions, as fcarce any Vftrer in the world doth obferve. And at lajt they make it no Vfury at all, fitch, I mean, as is commonly pracli- fed. Reply i. Itfeemsthen, he isfofavoura- ble, as to allow fome Ufury for lawful, though it be not that in common praftice : But to me it founds ftrange, that Judici- ous Men, who know what they fay, fhould plead for fome Ufury, and yet make it no Ufury, or at leaft not practicable.' It is all one as if any fhould undertake with great 131 great pains and ftudy, to {hew others the North-weft pafTage to the Indies-, and yet let it forth with l'o many, and lb intricate marks and obfervations, that it were next to impoflible for any to obferve. 2. Divines too lay down lb many rules in buying and felling , and other Civil Contracts, which, I fuppofe, but few do fully obferve: It being not eafie for the Sons of -Adam that have fo much of Cor- ruption within, to come up exactly to the Rules of righteoufnefs. Who in thefe things can fay , I have made my heart clean ? fo in Preaching or Praying, it is ha'rd not to fail in one or other of the Rules prefcribed for the exa& perfor- inance thereof. In all thefe cafes, we Vide Sen. muft fet perfection for the mark; and he is ^ Vlta thebeft man, that has the feweftmifcar- c x riages or defects. ^ ' 3. For a clofer Anfwer, I will propofe Magiltr, what I have read in Mr + Gee, There is Origin. ( faith he ) fame wrong in getting, which is P* 2co ' fo deep and intrinfecal to the fub fiance of the Title, as that it doth vitiate and deflroy its being; and the Cora rati, or other Way of procuring the Goods by means thereof is nul, as to the producing of a property to the pro- enrer : and there is fome injaftice that reach- eth not fofar as to evacuate the Title. Eve- ry flip or deviation from the path of upright- nefs doth not make void a Bargain, or Title K 2 about ] pirn 132 Q to Mr. Jelinger'0 about which it is ufed. Cafuifls therefore j, dijtmguijh betwixt that fdolus malus] evil dealing, which gives caufe to the Contrail, 5£ Jj and that whieh is only incident or Circwn- fiantial to it; and fay, the former doth niil- c jp 3 | life a Contrail,bat not the latter. I But what do our Divines fay, that plead for Ufury,, and yet fo temper it,as to make : ^ it none ? He brings in Zanchy for a proofs [;.y faying', Tbou mufl be, O Lender, of this mt mind, that if the Borrower have not only not made gain, but ftslaincd lofs, thou alfo art to bear fart of his lofs. Is not this Partner- fhip / faith Mr. J. Reply x. Noj Zanchy meant not Purely that this condition fhould have cntred into the Contraft (which was requifite to have made it furetilhip ) but that the Lender ought out of charity thus to do: for if by Contraft he were to bear a proportiona- bie part of his lodes; then by the fame alfo, he ought to have received a propor- tionable part of the others gains, be they , „ never I'o great.- whereas in the cafe of , Lending for life it is not fo •, his penfion A being ftated within fuch a Sum ; and let the Borrower make the beft of his money -• which is fometimes double,ibmetime four- fold, ch?. To what comes jn to the Lend- er. •s 3" I mJk !«. «W|1| aim I Mil j "Is, IS notfn 2. That, ,jdfet\ i'fite mimtr Caff, I33 2. That this Condition mentioned is not intended as part of the Contraft, but to be left free to the Creditors charity; it farther appears, becaufe though the prin- cipaf it felf may be juftly fecured by Bond, yet there may be cafes wherein this may admit of an abatement,as well as the over- plus: fo fay our Divines. So Mr .Perkins — He miijl be fo far from taking gain fometimes, that he mujl not require the prin- * ° * cjpal, if hie debtor be by inevitable and ytfi Cdfunities brought behind, and it be alfo plain that.he could not make, no not by great diligence, any Commodity of the money bor- rowed. 3. What (faith Seneca ) dof thou judge Sen.de our Anceftorj to have been fo imprudent ,that benef. they thought it not to be moft utijufi, to make hy.c. 16. the fame account of one, who hath fpent his money received from a Creditor on his lujl and gaming, ets of another who lofi anothers Goods with his own, through fire,plundering, or fome fadder accident ? 4. Still I fay, this abatement made on the Creditors part, in Cafe of the Debtors lofs, is free and of his own choice, and not part of the Compatt : It may be this will be received fromBifhop Hall, though Pradtic. not from me. Tea, but you fay the money ca ' es ' P* or goods mifcarried, either by robbery, or ">'* falfetrufi, dre you could employ them to any profit at allj this will not excufe you \ after K $ they u McptytoMr. jHinger'jS they came into your power you are refponfible for them , what Companion this may workjn the good nature of the Owner for the favour of an abatement, muft be left to his own Br eft j your tye to re [litlotion is not the lefs • for it is fnppofedy had they remained in the Owners hands, they had been fife: If it were not your faulty yet it was your crofsy that they mifcarried; and who fhould bear your Croft but your felf t Thus the Bifhop looks on this abatement not as an aft of ftrift Juftice, but of Chri? ftian Compaflion. 5. 1 doubt not to fay, there is room enough for the like Companion between buyer and feller, the Landlord and Tenant-, when that the bargain, through inevitable accidents, proves very fore and burden- fome to the party concerned. To break the force of a reply which pleads that the expreflions of the Fathers, and of late Writers by him quoted againft Ufury, are to be underftood of griping V- fury: Thereto Mr. J. anfwers , No fuch matter. Reply. Are they then to be underftood "'of Vfury that is not griping ? We rauft pardon his memory ; having told us before once and again, that all Ufury was gri- ping. And therefore called Nejhetft. Nei- thercan thofelevere reflexions of the Fa- risers and others, be underftood better than than of the worft of the kind. Neither can thofe definitions given by one or two prove, that that was the Ulury declaimed againft by all which they define. Let us hear the Divines of Wtttenburgh brought in by him to avouch what he faith. i. They are Vfurers, whofoever take any thing for money lent; though it be bat a mite, or- a Cap of cold water, upon a Convention beyond the principal. So Aretius too. Reply. Be it fo that they are llfurersj yet pofiibly fome fuch as do fo may be ho- neft Ufurers : and I think that fuch reafo- ning is the way to bring Ufury into great- er credit and requcft than fome are aware of. It isthefcruiug things fo high, as Cro- ^ tim notes, that tempts men to run into the other extream. Mr. J from a forreign Divine , fays, that only Earth- ufe is lawful. Reply. Cicero will teach fuch as receive DeOft". Commodities, to make returns thereof D- with a larger meafure; and therein to i- mitate the Mother-Earth,or fertile Fields, which bring forth much more than they received. Mr. J. But fome will fay, that they take no Bond : but only take what comes for them of the gain which the borrower hatb made : whereas fome of the forefaid Divines fpealg of and againjl Exacting, and a Convention. k 4 i m 3^ Chriftian Direct. ^ ; art. 3 28. & Bcp'it to Mr. '/dinger's 1 Anfwer, though feme do, all do not. Reply 1. It appears then,how they which condemn Ufury, do not agree wherein the eflence of it doth confift, or what the thing is they write againft. Some placing it in the Contraft, fomc in the Exadlion, fome in the taking of gain *, and fome few others with Mr. j. place it in the Intention or ExpeUation. 2. I am yet to feek How the Contratt can make that to be Ufury, which other- wife would not be fuch , the Contratt or Covenant being but Circumftantia! to the queftion of Ufury •• I find others of the fame mind. Mr. Baxter, Note d/fo, that in all thefe it appeareth, that the Cafe is but gradually ''''different between the taking the ufe, andtake- ing the principal •, for when the reafon for remitting is the fame, you are as Well bound to remit the principal as the ufe. And yet the Compaft for the principal is held law- ful by all. 3. What is here faid of a filent Contraft, where the Borrower and Lender know one anothers mind, as if they were a hatching fome fecret mifchief they are afhamed of before the World; Let it fuffice for an- fwer, that honeft men may make honeft Contracts at this-rate, if we give credit to pious Ames faying, It is not neceflarily required,- thai fash lik? Cent/ably be made ; <■ •> di- Hunt Caft. difinStly and exprejly •, but it fufpcetb if they be made implicitly, with a fincere intention, and according to the eflimation of good men., and fuch at are understanding in things of that nature. 4. Mr. J. having cited Chemnitim to prove a fecret eompaCl to be Ufury } ( whofe words are, If a compact or inten- tion precede, it is furely ufury ) for inter- pretation adds, It is fo, If an expectation or hoping of more than the principal do pre- cede,though the lender do not exalt it,but on- ly tal^e it, as the very taking is ufed Ezek. 18. X 3. Reply, I profefs my Ignorance of his intention here. What ? Means he that taking of Ufe is neceflTary to make the In- tention or Expectation Ufury f but then the intention is not Ufury before the ta- king. Or does he think the Intention or Expectation it felfthefinof ulury ? (As Chemnitim here, and he too a little before) w hy then to expectation doth he add this requifite ? If the Lender do but take iti I leave him to be his own Interpreter. 4. Mr. y. A Compact Literal and filent. Thus the Lender tafeth for his principal a Bond for fecurity \ but doth not put it upon the Intereji £ trufting fo far , tis like, to the borrowers good nature ] And fo the borrower Covenants in his heart, fo much I intend to give him, as I give to another: For I 137 J *38 ameplrtO-Mr.Jelinger'jS / know be look} for it. — A :d I rnuft elfe pay fo much to another. Here the Compall is fecretly made in both their hearts ^ and the principal fecured by writing, and fo ufury is compleated. q. d. The Lender thinks he hath reaion to look for fome acknowledg- ment for his money lent, and the borrower propofeth honeftly to give it , as not knowing how to fpeed better. Yet here- upon we have this Outcry made-, Ofadl how will this wretched World be Cofened\ Reply i. I would apply what Grotius faith, if poffible, to allay this heat. It was not amifs faid by Javolene, that fome Contrails were made by filence, which is a thing common, both in publicly, private, andmixt Contrails. The Caufeis this, in that the Confent,which way foever manifefied and accepted, hath a power of transferring a right: but now there are other figns of confent be fides the voice and writing. 2. Seneca lays Thegreatejl benefits have no proof: they frequently lye hid between the Confciences of two. Would we inforcethis t that none confer benefits without a witnefs ? p 3. Whereas Mr. J. ufeth the Authori- Ezek. 18. Three Divines, to prove, the taking of gifts for Loan to be ufury 1 Reply. 1. 1 find, the taking of Increafe forbidden in the Chapter mentioned, but not the taking of gifts. 2. Whereas the taking of Gifts is in Scrip- De Jure P .3 .C .24. Seft. 1. Deben. 1. 3 .C .10. mimtt Caff. 139 Scripture frequently reproved •, as far as I can underftand, it is a taking of gifts by way of bribery, or in the fale of Juftice that is meant, they being Magiftrates that are moftly rebuked for taking l'uch gifts: See Exod.23.8. Dent. 16.19. 3. The taking of Gifts or Gratuities from the poor, or fuch as borrow for ex- treara necefiity,was then,& is now unlawful. 4. If they mean,it is Ufury to take gifts of the Rich for money lent them, this would throw down what he had before built up, who had granted Gratuities to be lawful. And the fame would make ingratitude neceffary, which yet is no fmall degree of inhumanity:And for this,among the Medes, anAftion laid again!! an ungrateful perl'on. ^enef T 5. To make their words therefore com- ply with his fenfe he is fain to piece it out with £ underftand a Gift intended or expect- cd. 3 When it is plain and beyond denial, that they mean it of a gift received : and let reafon Judge, where it is finful to ex- pett a Gift; is it not finful alio to receive it? 9. Obj. 1 aw a Widow faith one, lam an Orphan faith another-. And God knoweth ' that fuch cannot employ their money as others. Mr. J. Anfw. What a mad inference is here made? If God did I intend to Exempt the Fatherlefs and Widows, he would have faid fomewhat of them, when he namedthem and ufury together: Exod.22.22 ,&c. 14° & Bepfy to Mr. Jelinger'0 Reply i. If we fay, with fome, that the Law concerning Ufury was political, and proper to that Nation, and lo extenfive to all therein, the objection is anfwered : or, if we fay, the Law was intended only for the benefit of the poor, from whom it was, and is ftill, unlawful to take ufe: nei- rher of thefe hinder but that Widows and Orphans may now improve their ftocks, left them,this way. 2. In the Cafe of Orphans, Mr. "Rax- ter y s Inftance carries abundant reafon with it. Certain Orphans having nothing left them, but fo mueh money as will, by the al- lowed ufe of it, find them bread and poor clothing : the Guardian cannot lay it out in . Lands for them : and if he maintain them reft parr a P ott fi 0C K-> it will be quickly /pent, and 4. {'. 126*. nttft anfwer for if. A rich man that is their Neighbour tradeth in Iron-work. (Fur- naces and Forges) or Lead-works, or other fuch commodities •, in which he confiantlyget- teth the double of the Bock which he employeth, or at leafi 201. or 401, in the hundred: the Cjuardian dare not lend the money to any poor man,leafi he break, and be never able to pay it: therefore he lendeth it to this rich man',and if he have it without Vfury, the poor Or- phans give the rich man freely 20 lor 40 I .by the year, fuppofing their fiocif to be one Hun- dred pound,If he take ufe, the rich man doth but give the poor Orphans fome part of his cenftantgam, &c. 3. It minxtv Cafo 141 3. It is worth the Inquiry, if the por- tion left Orphans were before for fome time in the hands of other men, that tra- ded therewith, whether the Guardian may, according to LaworReafon, take in the principal and remit the Uie or Intereft due. ? and whether the Guardian be not refponfible for fo doing,whenthe Orphans come to Age ? 4. The Text faith •, Ye jha/l not ajflitt any Widow or Fatherlefs Child. I think this is one way of afflifring fuch to tell them , that when their money hath been out in the hands of perfons that have luffi- ciently gained thereby, and increafed their ownEftates, It is damnable for them to re- ceive one peny or mite above the princi- pal^ by vertue of any Convention paft, or upon the account of their money thus lent. 5. Ifhall ftepafide to look into Mr .Bol- Difconrfe, ton, whofe Fifth Anfwer to this objection &c. p. 4$, is this , Widowhood and Fatherlefnefs, in refpeEl of the former State of having Huf- hand and Parents, are a State of humilia• tion, for the outward Condition of this life : hut by this unhappy trade of Vfiiry, they are made a State of exaltation. Reply 1. q. d. Widows and' Orphans would live too well, and yet their lively- hood too eafily for fome of their condition, if taking of life be allowed them: As if the lofs of their Husbands and Parents were 142 % 3Repi£ to Mr. Jelinger'g were not affiiftion enough to thofe in their condition, whereby they lye open to the frauds and injuries of luch as ieek oppor- tunities. 2. If this reafoning hold good in our days, it fhould fet us a petitioning for the Court of Wards again, that the condition of Orphans may not prove too happy, and be a ftate of exaltation. Mr. J. They fhould rather trufl God in a lawful way. Reply. This is a taking for granted, what is in queftion This way we lay ftill is Lawful: and fee no realon to change our thoughts by any thing that is faid to the contrary. God hath 5 'tis true, promt fed to take care for the Fatherlefs and Widows j but muft they therefore caft off all due care and diligence, and the ufe of all lawful means within their power for a Pra things that have been done through force and neceffity are made void, if this force and ne- cejfty were caufed by the Contractor: for it nothing concerns me, whether thou be forced, if thou art not fore''d by me: it ought to be my fault, that it may be my punifhment. Again, It is not a ufwg of force, to pro- mife a thing under a certain condition: if it be any force,it is one of thy own uftng toward thy fclf, &c. 3. To go on: May not a man gain by that money he payeth a reafonable Ule for? if he may, then he oweth thanks for that L 3 he 150 &Bcpl]?t0 Mr. Jelinger'g he hath lo gained by : and then Bemcfihe. nes affirmeth, this ought not to be accoun- ted Ufury, viz.. fuch as is finful, and af- fronts the Law. ^ , re Bemofthenes denys (faith Gr otitis) that ,, 1 he who having gotten by merchandise or fome honefi Employment, and puts it out for mo' derate gam, partly that he may preferve his own, partly that he may do a kindnefs to ano- ther, ought to be accounted in the number of Vfurers. 4. It feeras Mr. J. thinks there is no thanks due to him that defignes his own gain as well as another: but the Mora- Sen.debe. lift was of another, and perhaps a righter, nef. 1. 6. Judgment. c *3- Again, ffaith Seneca) Iamnot fo unjufi, as to acknowledge nothing due to him 3 who when he was profitable tome, was fo too to himfelf: for I do not require, that without any refpebl to himfelf, he (hould confult my good: yea 1 defire, that the benefit given me, may more profit the giver, fo that he that gave it had refpeftto two when he gave y and di- v filed it between himfelf and me, although hepoffefs the greater part thereof, if fo be he received me into partnerfhip, if he thought on two: 1 am not only unjufi, but unthankful a'fo,unlefs I rejoice that the fame profited him which profited me. It is a fign of the grea- tip malignity, not to call that a benefit, unlefs mtiixtv Call. 151 what brings fome inconv enience to the giver, &c. Mr. Jcl. In his Nest Chapter, defcends Chap. 8. to l'ome other obje&ions in his way, which he calls Additional and Secondary } the which it may fuffice ifldobut glance on here: becaufe they will receive a fur- ther confideration in the Difcourfe follow- ing this. Obj. 1. Vfurers plead that Country s, Common-Wealths and Kingdoms cannot fub- ftfl without fome XXfury , &c. Mr. J. Anfw. 1. ' Tis falfethat King- doms , &c. cannot fubfifi without XXfury: for 1. Did not Ilrael fubfifi without \Xfu~ r y • Reply: 'Tis likely they did not: For Firfi, It was lawful for the Ifraelites to take Ufe of other Nations,as before fhewn. Secondly , There is a promife made to If- rael upon their good behaviour, Deut. 15 . 6. For the Lord thy Godfiiallblefs thee, — and thou Jhalt lend to many Nations, but thou jhalt not borrow , Reply. This, if underffood Univerfally, is as eafily denied as affirmed .* and all the reafon he here gives for the affirmation, is, that by fomc Civilians it is reckoned a- mongft the liberal contraft§. Mr. J. Anfw. 9 round is wont and apt to bring forth Fruit, Grafs and Corn, anfwe- rable to the Rent: but the Money Lent is /pent in the ufe thereof. Reply 1. The former brings not forth without labour and induffry : the firffc curfe isftill upon it; fo that it brings forth Bri- ars and ThQrns of its own accord but not Gen. 3. good fruit without the fweat of the brow: \-j. dc. Yea, a'd Cains Curfe is fometimes fuper- Gen.4.12. a dded, fo that when a man tilleth the Ground, ityie'deth ne t fcrth her ftrength. 2. Whereas he faith Money is fpent in the ufing y the Apoftle faith of all Earthly Col.2.22. things, they perijh in the ufing. However if Money be thus fpent, the Axiome holds true here,that the corruption of one thing, is the generation of another ; fo that Fields, Houfes, &c. Are the produft or purchafe of this Money fpent: We alio learn from Ecclef. Solomon , that Money anfwereth all things : ICU 9* i.e. Money is virtually Houfes, Fields, and Tenements, and all things elfe faleable. For mium Can. 157 For wc read,that a Servant is ftiled a mans Excd. 21. money , becaufe he was bought for Mo- 2I * hey. Mr. J. The gain that cometh of it is not produced by the Moneys bat by the pains and induftry of the Borrower. Reply 1. And is not Ship-ufury fo too? Rather it fhoold have been faid, by the Money improved by the pains ana induftry of the Borrower, whofe pains we fuppofe to be contented for. He goes on, And being uncertain, Should not oblige him to pay a certain fim. Reply 2. As if the fame might not be faid of all other incomes, as from ground rented •, where the gain is uncertain, and yet the Farmer tyedupto a certain f um. 5. I propofe to confidera- tion whether it be not as equitable to tye a man up to a ceftainty for a fum of mo- ney borrowed, as for a Tenement fet to farm *, feeing on both hands the gains and lofTes are alike uncertain? Take what is written by Grotius, and weigh whether, ma- De Jure, tatis mutandis , it be not applicable to the &C.P.234. Cafe in hand. Wherefore ( faith he) as the Commodity perijheth to the Owner \ fo naturally barren- nefs and other hazards, that hinder the ufmg prove a damage to the hirer ■' and the fetter fhall not have the leaf right to the money pro- mifed, becaufe he delivered over the power of nfrag, which at that time was worth fo much. 158 tO Mr. Jelinger'g Mr. J• Houfes lackjepair fit If and are very chargeable y &c. Reply 1. What is it but Money that thcfe Houfes cofl: in repairing ? 2. Are Houfes chargeable in building and repairing ? fo Money cod time, pains, trouble and in- duftry in getting. Mr. J. Anfw. 5. Other things alfo may be the worfe for itfing, fo that the Owner thereof may take reeompence. Reply i. Some things may not be the worfe for ufing : a Houfe we fay is the bet- ter for having a Tenant in it, and a Field maybe better when the Farmer leaves it, then when he came to it. 2. Though Money may not be the worfe for ufing, yet it comes under a hazard in Lending,which anfwers the other. Mr. J. And in all fnch things, the life thereof, and the things may be fevered. Reply. So may money and the gain there- of: or money, and your right to ufe it are In uc. 3. £ W0 things. But now gain (faith (j rot mi) that obligation of lending^ may (as all other things) be valued by the common me afar e y to wit, money. I havefpoken to thefc things formerly, and may meet with them again, Mr. J. Laftly, things hired, if they be confumed or lofi, Without the default of him that hireth them, are lofi or perijh to the Own- er, according to Exod. ll. 15. and according to the Law of Man alfo. ■— Reply 35 ittoerCai, 1^9 Reply, Upon infpeciion, I find we have here but a lame account of that Text of Scripture;-y. 14.(upon which the next de- pends) which laith ; If a man borrow ought of his Neighbour, and it being hurt or dye, the Owner thereof being not with it, he (i.c. The Borrower) fall furely make it good: but not fo, if the Owner be with it. If he can g^t Gold out of Stubble, let him. Mr. J. — And according to the Law of Man alfo ; which faith that the Commodary is not bound to a fortuitous cafe or accident unlcfs he have bound himfelf fo : whereas in money lent, the borrower fiandeth to all ha- z,ards, and the Ufurer to none. Reply 1. Hath not the borrower bound himfelf fo too? 2. Doth the lender ftand to no hazards: Whatfoever there may be, or not be by Contratt •, otherwife hazards he meets with,even the fame that the feller doth that gives days for payment: whereof Bifhop Nail maketh mention,faying: There Praci.Ca- are two incidents into this prafhee., which fes. p.27. may render it not unwarrantable \_viz., To take the more for a commodity on theac- count of payment deferred \ ] The one is the hazard of the fum agreed upon : which too often comes jhort in the payment. — 3. Of the Commodary Grotius gives De Jure this account, That the Commodary is bound p. 232. to make good the thing hired if it be loft, -— nnlefs tt would have Joffered the fame lofs if it 160 SI $Cplp tO Mr. Jelinger'# it had remained with the Owner : for in this cafe nothing is loft to the Owner by means of the Hirer. Mr. J. Obj. 4. Bat what need had you to trouble your Jelf fo much about Id fury j and fo to appear again ft it, &c. It is beyond difpute between us, whe- ther finfu! practices, and luch efpecially as are mod in fa hion, ought to be preached and printed down : as alfo whether there be not too much of oppreffi-on to be found in the Land, under the covert of Ufury, as weil as in buying and felling, and in the Adminiftration of jufticetoo. But whe- ther moderate gain from Loan be fuch, he knows is in diipute between Learned,pious, and good men. And I think, a man may hold cither fide of the queftion, and his falvation be little concerned in it: only I (hall fay, the pra&ice thereof on one hand is of great confequence to the Nation we live in, as well as to the Eftates of many, (ingle perfons: and the peremptory con- demnation of all that ufc it, is of dange- rous confequence on the other hand, upon fuppofals that it be falfe. And whereas he appears the only Champion herein in thefe days *, I (hall not determine whether itbebecaufe he exceeds others in Zeal, or Tom his unacquaintednefs with the State of he Nation, and the Intereft thereof de- tending upon Lending: yet, tohimplead- taiftmr latL \ ing, that it belongs to him as a watchman thus to warn •, fotpe will be ready to reply j how hath he watched, that hath deferred this work thefe thirty years ? for fo long time hath paft at leaft fincehis Sermons againft Ufury were preached, afore this 1 reatife of his was Printed. Being now come to the Iaft Chapter that contains his application^ inftead. of an an- i'wer whereto, 1 (hall draw up a Scheme of his difcourfe by way of lummary re- hearfal; wherein as in a Map may be feen the ceniure that is paft; Ihe applicati- on thereof 1 ftiall leave to himl'elf to make. After Mr. J. hath reprefented the Ufu- rer as vile as he can,heaping on him all the opprobrious terms that came in his, way \ and damned him ten times over to the pit of Plell: i. Leaft he fhould be miftaken by his Readers as intending all this for griping Ufurers, and devouring Cormorants only, and not for others that take moderate gain, and mean no harm : he plainly fays, he takes in all, and intends this difcourfe of all, even of fuch too as take moderate ufe, p. 46, 50, &c. And makes them as bad as Adulterers and Thieves, yeaworfe, p. 25. and 48. 2. But may not fome lend for gain,that yet defign good to their Neighbour t No: M the 1 62 & to Mr. Jelinger'g FheVfurer aimetb not at anothers good t but his oven filthy gain, p. 41. 3. But fuppofe they do not bind others by Contrail to pay ufe, but only take it, what is to be thought of thefe ? theie alfo fall under the fame condemnation: For e- uen the intention of the heart to receive more than the principal, and the expectation of it makes a Loan of money Vfury , p. 51. 4. However, may not the cafe be alte- red as to Orphans and Widows, who have frequently no other way of improving their Money ? Not fo neither : Vfury bemg pro- vedin it felf unlawful and damnable, there- fore nocircumfiance of pcrfons, nor any pre- tendednecejfity can make it lawful, p. 55. 5. Suppole then that all fuch Ufury be a fin, may we not charitably think, that fuch as have a hand in it coming to the fight thereof, may repent of this, as we find fome others do of fome other fins / he leaves not room forfo much charity ; For ufurersfel- dom repentybut at lafiinto Hclltheygo: p.24. 6. May there not be hopes, that fome fuchdoitignorantly,asPtA> e'JS' e^ai . e>Si .^MS ^ «'W ^ ^s® ^ ^ fm • mt v t ' \i|T v,^ i^? cji <§> vp v <$r 'Sj? '4^ AN I MADV ER S IO NS O N Mr. WLTOS DISCOURSE OF Aving brought to the Teft what Mr. ^W. is plea- fed to write on this Subjeft , I think my work not fully done, until fome pafla- ges relating to the fame Controverfie in the Difcourfes of the Reverend Mr. "Bolton, and Mr. Capel be examined. Pretious is the remem- brance ofthofe Men of God in his Church. It was not a defign to repeat or proclaim M 3 t he o. 1 66 on Mr. Boiton'g the miftakes or failures of the dead that put me on this work, but a defire of Truths vindication before the Living. I fliall be- gin with Mr. 'Bolt, and becaufe I intend to contract my Difcourfc, I fhall notobferve any ftri& method, butpafs i'omeremaiks on what hath been palled by, or barely glanced on by Mr. J. And to that end, I lhali lay down certain enquiries-, and there- in Animadvert on what Mr. B■ aflerts. Js nop the nfe of money for fome time worth money ? This, I think, is the only obje&ion,that Mr. B'. hath, which was omitted by Mr .J. Forwhat reafon he himfelf know ? s: Howe- ver I think the decifion thereof would bring no fmall helps towards fatisfaftion in this Controverfie. Mr. B. Doth not deny the queftion, neither do I fee how he could: For who is there thatdoth not think the Loan of iooh for a Year worth fomewhat ? And if it be worth fomewhat, 'tis worth money, that being the common meafure whereby the worth of any thing is va- lued. And if the Loan, or the ufe of this Loan be worth fomewhat,where is the wrong,if a man take for it what it is worth? Is the buyer bittern, if he gives no more for a commodity than it is worth ? If not, how is the borrower bitten if he have a penniworth for his peny ? All that can be faid IBiUmxtz of Silted 167 faid is, this is buying, not borrowing •* I reply, call it what you will as long as we are agreed in the thing, that here is no wrong done y there isnoreafon we Ihould differ, about words or Notions. Let us now weigh Mr. B' s Anfwer. Mr. B. So money which Was ordained to be the -price of all Wares, and the mcafttre of all Bargains, is made a Warecontrary to the nature of it. For , Qu,od efi me- dium venditions, r.on potefi; effe termi- nus. Reply 1. That money is ufed as an In- ftrument for exchange or merchandizing, is from humane inftitution, and not de- figned thereto by nature. Time was when Gold and Silver were forbidden in the La- Sen. d© cedemonian Commonwealth, and only Iron hen. 1. 5. the currant coyn. And.another while c,1 4* Leather having the pablick ftamp on it, paffed therefor money. 2. Money may be exchanged for Mo- ney : Grotim faith, That exchange is more De Jure. ftmple and ancient than buying: And that p* 229. Tacitus of the Germans , faith, They that p. 238. live more inward £ viz. from the Sea 3 do more jImply and antiently ttfe. the Exchange of Wares, (frotius alfo writes of Changing Money for Money, which (faith he) the Greeks call Collybus, and the Merchants at this day, Exchange, As alfo of Money brought front lllyricum to Italy as a Ware. M 4 Again, 168 $mntabtoQ0St£ on Mr.Bolton'g Again, Money is delivered, that after fome time ,fo much and the fame in kind may be re- -paid in loan; which hath place in thofe things which confifl in number, weight and meafure, as well other things as Money . And how common is it to exchange Silver for Gold, and Gold for Silver, giving fome- what above the currant price thereof? May not that which is Medium hujus ven- ditionis , be terminus alterim ? 3. But in this cafe before us, the bor- rower pays not for the Money lent, fo much as for the Ufe of this Money lent, or rather for the right and power to ufe that Money which before was none of his, and for the advantages attending the fame: Dub. Ev. whereof Spanhemius writes thus : part 3. The Overplus is required for the undue P- 673. Office performed, for parting from our own right to the Money for fometime, which was ours, and might have been kept by us : for the liberty and opportunity vee deprive our fclves of, for a while, of laying out that Mo- ney on ZJfcs and Commodities of our own ; for power granted the Debtor of gaining, and alfo for the advantage or gain he hath made of our Money: But all thefe things are va- luable, andfomewhat may be demanded for them. Mr. B 2. Anfw. The rule holds in buy- ing'and felling,-hut not in act's of Charity, therein it is no good rule. Thou bidfi for • • .••• " the of wfurg* 169 the purpofe thy poor Neighbours to dinner: this is money north, for it cofl thee money, and faveth them money at home \ yet thou wilt not fct a price upon it \ why ? bccaufe it is a Worh^ of Charity. 'Thou bidjl thy rich Neighbour fometime, that which he eateth u worth money •, yet thou wilt take none, but thinkjt foul fcom it fhould be offered: why ? becaufe it is an aB ofkindnefs, of neighbour- hood and friendjhip. Reply 1. To the firft fort of Guefts, viz.. Poor Neighbours, I would advife free lending, as well as free entertainment to be ufed. 2. But turn the Tables: Suppofe the In- viter'spoor, and the Guefts rich*, may not fomewhatbe received honeftly for the entertainment made? this is commonly done, and not reproved by any as dif-ho- neft, that I know of, but yet they will not $ee Mr.?, allow the poor, with thelecircumftances,to vfur.Cafl< take any thing for his money lent. P« I. Dinners are made at Common-Inns, and ViRualing-Houfes, where men pay for them, and good reafonthey fhould. If you fay, that men are not here invited, but invite themfelves : i anfvver, it is e- nough however to fhew that Dinners may be allowed for without offence; and they that lend, do not always invite Cuftomers, but are fought unto. It were an abfurd thing for a rich man that freely invited his friends 170 on Mr. Bolton?# friends to a Feaft, to make them pay for it, (though there may be fomc that know how to fetch out their pennyworths again of heirGuefts)where according tojeommon Cuftom it is taken for granted, that all things come freely \ but not lo in the bufi- nefs of borrowin^of money; where they themfelves lay it down for granted, that the borrower and lender know one ano- thers mind, though there be no exprefs Compatl made for the Over plus, both Cuftornand common fenfe leading there- to. 4. When the rich invites his friends, u- fually there is a recompence made for this, by the like invitation again, and it may be, he that made the firft Dinner expetts it,and would take it amifs^ not to be re-invited, you will not allow the lender to hope for any thing again : Or if you will give him leave to look for the like kindnels another time, I doubt not to fay,that this is raony-worth, and fo efteeraed by moft that know their In- tereft. Luke 14. 5 • Our Saviour faith, when thou make ft 12, 13. a Dinner or a Supper, call not thy friends^ — nor thy rich neighbours, Sic. Mr. B. here takes it for granted, that we may (not- withftanding this plain prohibition) invite fuch as thefe to a dinner. He muft then put a fair conftru&ion upon our Saviours words} fuch as this, Invite not only the richy 30tfcourfe of mtmy. 171 richj or not fo much the rich as the poor. Why then fhould not the like candid in- tcrpretation be put upon the words of cur Saviour, which are in controverfie, viz.. Luk.6.35. Lena hoping for nothing again, i. e. from the poor, and fuch as ftand in need of your free lending. His other reafons under the third An- fwer, have been elfewhere examined. As 1. 0 ther things arc fruitful in thetnfelves, which a man may alienate for a time, refer- wag the property tohimfelf. Reply 1. In loan there is not a full par- ting with the property; for if that were tri e, it could not be recovered again. 2. Money in a political fenfe is fruit- ful; and Mr. B. himfelf rejetts, asweakjp.^. the uibal Argument taken from the bar- rennels of Money. Mr. B. 2. The Hirer reflores the fclf- fame-thing, being for the mofl part impai- red. Reply : But not always impaired : and what though the borrower reftore not the fame thing that he received, feeing it is the fame in kind, and no better nei- ther ? Mr. B. 3. The Letter to Hire, as he re- tains the Property, fo he beareth the ha- z.ard. Reply 1. But not all the hazards that attend the vifmg and improvement there- of. 2. The 172 i&nttttatifcerfiDng on Mr. BoJton'0 2. The Creditor runs hazards too,in his Mr. Jel. money lent, as experience, as well as Chry• P- 56. foflome, tells us. 3. Though the lender part with his right to that individual fum, yet not to the like lum ; elfe it were giving and not lend- ing. Mr. B. 4. The letter to hire is at cofi and charge for the things he lefts. Be fly: Is not the coft and charge mo- ney ? and is the Creditor at no coft and pains for procuring the money he lends. 2. Whether the Law of Mofes concerning Id fury he Moral or Judicial ? There be Divines, that hold this Law to be Moral, and yet fome Ufury to be lawful: They are of Opinion, that taking life from the Poor is only prohibited, who is expreffed in the firfl writing of the Law, and to beunderftood in all after repetitions of the Law, or prohibitions of Ufury. And others that look on the Law as Political, yet acknowledge a general Equity in this, as in other Judicial Laws of God by Mo- fes • and fo far they concern Chriftians al- De Jure fo. From Cjrotitu I underftand,fome things P- 10 * may be morally honeft, becaulc they may be commendably done, and yet their op- pofites not morally difhoneft ; and for this, he inftanceth in Ufury *: To the under fan- ding (faith he ) of the Law of Nature, we tnufl ohferve, that fome things are faid to be-. ^tfcourfe of 173 long to this Law not properly, but by redutl- ion, as the Schools ajfecl to fpeak^ the which are net contrary to the Law of Nature, as e- uen now, we called thofe things ]ufi, which are free from injufiice. Sometimes alfo by a Catachrefis, thofe things are faid to belong to the Law of Nature j which Re afon Jhews to be honefi, or better than their oppoftes, al- though not due. And the fame Author 5 of this Law of Mofes , faith, The matter of this Law, if it be not neceffary, is certainly, mo- rally honefi. This I lhall fay, that it is not only lawful or honeft, to lend freely ; but alfo in it felf, more commendable than its contrary, though I cannot believe it is al- ways fo, when all things are confidcred. But this will not l'atisfie thofe we contend with: I come therefore to confider what is here faid upon this queftion. Mr. %. 1. Prohibition of biting ZJfury is moral, but that ufurie which is forbidden hi the Law is biting. E. &c. Reply: This is anfwered by what is faid before. I fhall lay down this Syllogifme in oppofition to his, What is not biting is not prohibited in this Law, by their conceffion } but fome Vfury (as hath been proved) is not biting, E. , tis not prohibited by the Law. His after Difcourfe may be comprized in this Syllogifm.- Out of uncertain profit,to covenant for certain gain is unjuft and un- charitable, and therefore forbidden in the Mora 174 Dub. Ev. part. 3. p. 663. &ttima$fcerCt0nS0tt Mr. Bolton'£ Moral Law, but in Ulbry certain profit is taken for uncertain gain, E. Apply this to the fetter, and then fee whether he doth not by covenant take certain gain for what is uncertain. Mr. B. 2. The Law of free lending it rnoraf renewed by our Saviour, Mat. 5.42. Deut.i 5.8. Luke 6.35. Therefore the Law which for biddeth ufury is moral. Re fly 1. It is granted him, the free len- ding our Saviour requireth belongs to the moral law, but then it mull be underftood with relpect to the poor, the proper ob- jcfls of a free lending. And to thefe poor the Text by him cited doth exprefly limit it, viz.. Dent. 15. 7, &c. Let the other Texts be interpreted by this. Our Savi- our here injoyns free lending to the poorer fort i they that extend it farther, mull lay, that Chrift commands free lending to the rich alio, and that this too belongs to the Law of Nature. 2. Enough hath been faid to thefe Texts already: I fin all add, however, what Span- hemim faith to all three, Luke 6. 3 5. I. It is inconfequent: for there is a pre- cept what is to be done,- not what only is to be done, to wit j we rnufl relieve the poor, from whom nothing can be hoped y that fame thing is commended, Deut. 15. 7, 8,y. But an in- definite propofitiort mafi not be confounded with an amverfal j Luke has that, not this. 2. /J IHfcoirrfe of rMmy. 2- If the words of Chert '■ jhottld be firetch- ed fory it Would thence follow , ; hat the prm- cipal may not be retaken from any. — 3 . So the words of Matthew fpeaf of the thing, not of the manner thereof, we mufl lend to one that asketh) but they neither ex- prefs the manner, nor refrain it ttnlcfsitbe be in the general^ that We lend obferving the Laws of Tiety and Charity. Mr. SB. The Holy Prophets range it a- mor/gf the greatefi abominations , etc. Pfal. 15. Ezek. 18. Reply. Read what hath been before an- fwered to theie places, Pfal. 15. 5. That doth not put out to Ufury^ viz. To his poor "Brother, fay Jun. and Tremelius. Saith In loc* Spanhem. 1. This is to be understood of p.667* the ZJfurer that fpoyleth his Brother by biting ZJfury. 2 .As fever al exprejftons inthisPfalm are to be taken in a limited, fenfe, fo fhould this : fuch are, that doth no evil to his Neighbour, nor receiveth a reproach a- gainfthis Neighbour, who fweareth to his hurt and changeth not* No wonder then if this alfo admit of a limitation, and the fame Anfwer Willferve for other places.1h\lfcet&ou0 on Mr. Boitw'g Which Arguments feem not of force enough to bear up the weight laid there- on. Fori. How could any man be fare that the Gentiles would pra&ice Ufury up- on the Jews, if it were ("as they fay J a fin againft nature, and generally by the Heathens condemned ? 2. Neither is it likely that God would give a pofitive toleration for one fin, to prevent another. 3. And it feems very derogatory to the Laws and Holinds of God, to give a po- fitive permiftion tofuch practices, as the very Heathen would cry fhame upon. (I am fure Chriftians are wont to look on it as no fmall blemifhinthe Heathen Laws for things of this nature • ) or that he fhould permit the Jews to ufe injuftice towards other Nations, becaufe there was a proba- bility they would ufe the fame injuftice to- ward the Jews. Thus you have his plea, if by Stranger beunderftood the Stranger at large. But if by Stranger be meant the Canaanite, which he takes to be the right. Then he Anfwers thus, Mr. B. Termijfion of Ufary toward the Canaanite doth no more prove the Law a- gainfi 11fury not to be Moral, than the allowance of manf aught er in War doth prove the Law forbidding Murder to be judicial, far ft mtcoim? mtmy* ^ Unlets God otherwife appoint. Hay it is 1 si & agreat reflection of difhonour upon the m wife God, thus to interpret his Laws. [ on if 2. The inftances brought of Abraham's LurI : killing his Son, and'bf tYicfjfraelites taking fail . away the Egyptians Goods, will not mum prove the thing intended. - For, i. Thefe ptok. things were commanded, and fo made fticeto- lawful after this Command. 2. It had been fin in them not to have done them j fotif will any fay fo of Ufury toward the Stran- 8m ger ? was this Commanded ? then it had AM#, been their lirt, not to have done it. But tiaiht ' he laid before, it was permitted only as the Bill of Divorce •, and permiflion, faith nth he, is only of things evil, even after they are permitted. mtik I■ Inthe Inftances mentioned there was ,m\ no difpenfing with Gods Laws in a proper tici«li\ fenle- - Murder is the taking of the life of fir ' N 2 a I So $mmSDt>erCiOU£ m Mr. Bolton'# a perfon without a lawful Warrant orAu- * thority } This Abraham wanted not", and ^ therefore his faft, if accomplifhed , had M" 1 not been Murder, nor againSt that Law. ve " Theft is the taking away of anothers Goods p without right: did the Jfraehtes do fo, when they ipoyled the nyLgyptians ? If it -P be faid, that the one had been Murder, Mm and the other Theft, unlcls God had given pf fl them leave for doing of what they did, kk and therefore the Law was difpenfed with, ap I reply: fo , what the Executioner doth f in taking away a mans life, would be mur- Ajsi der, and what the Bailiff does in diftrain- ing Goods, would be theft , without a W Warrant from the Magiftrate for fo doing } ''dm let none will dare fay, that therefore the wi Magiftrate doth or can difpencewith thofe %■ Laws. : lUf 4. We have heard before from Grotius, « c; that the Law of Nature is immutable even »/G to God himfelf: This is lpokcn, not by i"» De Jure wa Y °f check to his power, but in that it « p. ic. carries an inconfiftency to his will and ho- :Jtn Iy nature. I fhall borrow fomewhat more |p from the fame Author on this Subjeft. «/, The Law of Nature is the diblate of right A reafon, f tewing an Aft to have either a ma- fro ral turpitude^ or moral neceffity from its con- : nat venience or difconvenience, with a rational If bi nature, and confequently fuch an Acl to he i| either forbidden or commanded by God the jsti Author ton's: 2£>tftotirfe of nftwg* m Author of nature. The ait ions concerning •% w which there is flic h a dilate extant, are d,t. lawful or unlawful in themfelves 3 and there- Ut lit fore are under food to he neceffarily command- its Go; ed or forbidden by God-. By which marl^ do t this Law differs not only from Mans Law, iiHf: hutfrom the Divine voluntary, which doth Mffle not command or forbid thoje things, which in hldg:'; themfelves, and of their own nature, are ei- thev c ther lawful or unlawful, but makes them un- Mr: lawful by forbidding, lawful by command- oner d;- ing. Idle!: Again : Yet it fometimes comes to pafs, P- in ifc that in thofe Ails wherein the light of Natur e Ml® doth determine fomewhat, a certain Jhadow rfodoi; of change deceiveth the Non-obfervant,when re/ore m truth the Law of Nature is not changed, m/pil R being unchangeable : but the thing of which the Law of nature doth determine receives nGnh fime change, e.g. If a Creditor, &c. —- .ablcet! So if Godcommand anyto be fain', if what is i' not J anothers to be taken away • Murder or Theft in tbli w ^l not become Lawful, thefe words carry- ] and If ing fnfulnefs within them •, but it fall not ktM: be murder or theft, which is done by the Au- A, thority of the fupream Lord *f Life and Goods. Thus far Grotius. And indeed, r im how can this be a difpenfing with the Law in 0, of nature, the higheft Law of nature it U H» felf being, that God muft be obeyed? un- |fti (. Iefs we fliould imagine one of natures "dih Laws to be eontrary to another. M" N j La fly, 1 82 gtttmafctieruong on Mr. Bolton '0 Laftly , There is one difference more to be obferved between the inftances brought, and what they fuppofe Ufury to be, tor they affert Ufury to be In it felf, and by the Law of nature unlawful, fuch as Mr.B. adultery, Lying and Theft is. Again, P-47* Biting is individual and effential tothena- p.13. } ture of it. And from the Schoolmen ^Ufu- p. 45. r y is a fin not only in it felf, but according to it felf; and therefore cannot be made good by any Circumftance. Will they fay the like of taking away the Goods or Life of another ? Are thefe i'ofinful in themfelves,and againfl the Law of nature, that they can be made good by no Circumftances ? We fee they were made good by the Command of God: we know they may be made good by the Magiftrates lawful Warrant. And there- fore it appears the inftances will not reach the mark; unlefs he had inftanced in Theft and Murder , which carry a natural fin- fulnefs in them : but neither of thefe could be affirmed of Abrahams killing his Son, or of the Ifraelites fpoyling the eAlgypti- ans. Concerning the latter of thefe ; It is commonly taken for granted, .xhat _the If- raelites Faft had been finful, fecluding the fpecial Command of Go ! for their fo do- ing-, and according to this f .ppofition I have formed my Anl'wer foregoing : How-* ^ver I think 1, need not have granted fb much , \ 30tfcourfc of tajfur^ much , but have called in queftion their fuppofition. I know it was the extraordi- nary injunction of Jehovah put them up- on the faCt •, but doubt whether it were for this end to legitimate that, which had been otherwife finful. Let .us fee what the Ifraelites did : faith our Tranflatioh, They borrowed of the Egyptians Jewels of 1 Silver, c Ire. And was not this faft of bor- rowing in it lelf lawful ? After they had thus borrowed, the Egyptians were urgent upon them , and thruft them out of the Land in hafte, Prefently after this grant (faith Diodate ) the Egyptians moved War agavasl the Ifraelites, and did unjuftly af- fault them : fo that by right their fpoils be- longed to the Victors, who were affaulted, which was brought to pafs by Cjods fecret pro- vidence to recompence his people for the fa- very they had endured in Egypt. The word tranflated , to borrow , is Shaal, which primarily fignifies to asf, fo rendred by Diodate , fo by Junius and Tremelius : God bad the People, ask of the Egyptians , Inftruments of Silver, and Gold and Raiment •• was not the thing in it ielf lawful, even antecedent to the lpecial Command from God ? if you fay, theyaf- ked with a promife of reftoring ; that can- not be proved, and that had been a lye in them, and therein they had gone beyond the Command : if it be urged, the Egyp- 4 tians 184 Ott Mr.Bolton'0 tians defigned to lend only, and not to give: neither can that be proved: They gave to them askings \_dedernnt eis petenti- I'M*] lay Jan. and Trem. £xod. 12. 36. neither ib it likely, they fhould deliver thefe Jewels, e^c. with luch an intent,when the Israelites were juft upon taking their farewel of them. If it be demanded, how came it to pafs that the Egyptians were fo free and liberal ? The Scripture it felf will remove this fcruple, The Lord gave the Teople favour in the fght of the Egyptians, fo that they gave then what they asked. The Lord inclined the hearts ofthc Egyptians to be thus free and bountiful: if it be again ur'-ed, that they are laid to fpoil the Egyp- tians ; that is but fpoken vd.-m.yyrach, Eccclef. 29. 4) 7* <5. Might not the fame thatisfaid here by him, be affirmed of other Comra&ors, and particularly of him that fets out his ground to farm ? doth not certain gain ac- crue to him, fometiraes out of little gain, fometimes out of no gain, fometimesoutof *88 am'matlijetfiongOttMr. Bolton'# lofs, always out of uncertainties, always out of labour and pain,d"c. And yet this is held confcionable. In farming ( faith 235. ^ Ground) the ufe of the Money is rccompenfcd Vpith the fruit of the Farm. Laftly, The borrower faith Mr.j5. pays the ufe, always out of labour and pains : As if no lender took labour and pains for procuring the money, before he could lend it. V* 2 7* M. B. Pleads, He that letteth anything, heareth the hazard of the thing he letts. As the Landlord of the Ground, not only of the Title \ but alfo of all Cafualties and Calami- ties any way incident, as over-flowing by Sea, Invaflon by enemies , &c, in which cafes he is as well to lofe his Rent, as the Tenant his la- hour and charges. Reply 1. For extraordinary Cafes there cannot be expefted ordinary Rules: when futh happen, there fhould be forbearance and moderation ufed both by the fetter and lender. I think 'tis part of their Conrraft to fecure the Tenant in the quiet poffeffion of what he rents, that being fubjeft to more cavils and moleftations than the mo- ney lent is. Who feeth not that in over- flowingsof Water, Invafions of Enemies, money may be better fecured than the qui- et poffeffion of Fields and Tenements ? but if the borrower do fuffer lofs by fuch un- expeff ed accidents, Charity will, that the Cre- ^tfcoutfe of tBftirp. Creditor favour him, atleaft, in the Over- plus, which is equivalent to the fetters lo- ling of the Rent, and it is well if the Prin- cipal be not hereby hazarded whereas the Field and Land remain after the floud is dri- ed up, and the Enemies withdrawn. 2. But are there no hazards that the Te- nant runs in what he rents ? are there no droughts and flouds, no blafts and mildews, no in breakings of Cattle, that may in part fruftrate his hopes, and render his labour fruitlefs ? here then the Landlord takes certain gains for that which is hazardable, which we have heard before declared un- lawful in the lender. i, Ifuppofc a Cafe: A Farmer that rents a Tenement for years, having money of his own, only it is out in other hands, and cannot get it in to fupply his prefent occafions: he therefore borrows of his neighbour a hundred pounds: therewith he flocks the Tenement, and Tills the Ground, thus the money is laid out on Cattle, Corn and Tilling: but there-after there happens a Murrain amongft his Cattle, a Drought eats up his Corn, orthe Meldew cankers it- what reafon is there the Landlord lhould have his full Rent, but the* lender muft take his part in the lofs feeing the failure was rather on the Tenements part, than the loan, which did the work it was defigncd for ? 4. For I go aroma&fcetffiOttg on Mr. Bolton'# 4. For a clofe to this Queftion, let it be confidered, Whether in the paying of Intereft (by him held lawful) fome of the objcdted inconveniences will not take place: for whether the borrower gain or loie 3 he muft (according to Mr. B.) in realon, make, up the otners lofs fuftained : And this may amount to more than the Ufe- money prefcribed by Law. For Interejl p. tfi. (faith he) is to be rated and proportioned, not according to the gain or benefit which the borrower hath reaped by the employment of the monty 3 but according to the hinderance or lofs . which the Creditor fuftaineth through the bor- rowers default. 4. £>. Whether Vfury be again ft Equity, Confcience and Reafon '?■ P- 36- ^ So Mr. B. affirmeth : To whom I fhall Chrift oppofe Mr. Baxter , faying, That which is Diredt neither a violation of the natural Laws of Tom.c. 4. Piety, Juflice or Charity, nor again ft the ft- §. 13. pernaturall, revealed Laws of AFofes } or of P* 12 • Chrift, is not unlaw fid : but there is fome Vfury which is againft none of all the fe, E. there is fome Vfury which is not unlawful. They that have a mind may fee him pro- ving what he aflferts in the place quo- ted. Dub.Eva. '2: Spanhcm. The 3d Reafon : Not all p. 669. Jncreafe that is required above the Principal is for bidden ■ feeing fome is not only, not con- trary ^tfcotitfe of j 9 i trary to any precept or prohibition of the De- calogue•, but alfo, it neither prejitdiceth Charity, nor Equity, nor Hone fly butra- ther binds Charitie, is founded in natural Equity, and doth cherijh and promote good neighbourhood among ft men. I. The Equitablenefs hereof will appear from Gratitude on the borrowers part , from his confcnt,promife,power to give,and the inequality of the contrary. 1. Some llfury, and that which I plead for, is grounded in gratitude : he that hath recived anothers money, and gained, and increafed his Eftate, or prevented damages thereby, is by humanity bound to be thank- ful, and to make due returns to the party by whom he hath profited. The Heathens with one conient cryed out upon Ingrati- tude. Sen. That thou mat hi know a grate- q, f, ene f ful affettion of mind to be definable for it felfy 1.4. c< jg* and Ingratitude a thing to be avoided for it felffor nothing doth diflracl and divide the Concord of Human Society equally to this Vice : for by what other are we fafe, fave that we are holpen by mutual Offices : by this one thing life is better furni [bed and for tiffed againfi fudden Incurfons, even by the ex- changing of benefits. This liberal Ufury may, with a good Confcience, be given and taken" from an a- ble and willing giver, Mr. B. confenting, p. <$4. only 1 I I 11 192 $uiroatsfcevtiowg on Mr. Bolton'g drily (faith he) it may not be required for loan. Reply: Is not this Over-plus paid upon the account of the loan? and may not the Creditor receive and expert it too upon the fame account ? or on what other account fhould he receive it ? As for the Compart it hath been anfwered already. 2. Here is alfo Confent on both fides, for a ground-work to the Equity of this Contrart. Theft is the Ufurpation of ano- thers Goods, without the confent of the owner, and therefore Ufury cannot be Theft, as they plead : True, if there were force ufed by the Creditor to bring the borrower to fuch a Compart, there had been Oppreffion and unlawful dealing: but p. 55. notfo, where it is his own voluntary art, and there is no injury done to one willing, according to the received Maxime , the which is by him pleaded, when it ferves his turn. But they deny this free confent in our Cafe : He being conjlrained by thy crueltie p. 48. fo to do , faith Mr. B. beingforced, he borrow- p, 57 . et K fa"h Mr. J. Reply x. Let it be (till remembred, we are not fpeaking of fuch as borrow for na- tural neceflity, or to keep themfelves from ftarving: but of other borrowers that deftgn Trade, gain, &c. ho'w are fuch compelled •E ff ?E>tfcourfe of miuty. 193 or forced ? or doth the force arife from the lender ? I confult Seneca : Fir ft of all, it is not Contro. 5t,t force, where any thing is undergone for the 3* '• 6. difpatching of a buftnefs, but only reafon : be- MB! caufe 1 cannot have a houfe unlefs 1 buy this : »nt no other houfe is to be fold: the feller feeth his time,and urgeth it : yet you (hall not make void this bargain-,othcrwife Cavillation would prove 1 '•* endlefs. Another will fay, there wasane- ® 1; " ! cejftty laid on me : a necejftty laid on thee? lots'* howfo ? ftrft thou couldft have been without trffc it, and again, thy needs might have been fup- i®0t 'l plied another way, thou might ft have flayed Clt Wit xiK another opportunity : couldft thou not irinjjffl have been fupplied otherwife, fo much the KTt more art thou engaged to me ? but if there be force and necejftty in the thing, then are the itj iti) matters tranfacled, by force and necejftty made ttiliiji void, if the force and necejftty were impofed »!> tkt by the Covenanter. It nothing concerns me, trvtsfc whetherthou be fore'd, if thou be not forced by me : it ought to be my fault, that it fhould it in OBI be my punijhment. Thus Seneca, i («# 2. I fhall not doubt to fay, there be not !0» a few that pay life,that freely and volunta- rily do itand if left to their own free- :dj« dom would not do otherwife, I mean, up- lot n» onfuppofition of borrowing. In thefe there esfroiE is a free confent, and in others there is a tddff fecondary or interpretativewillingnefs./«- De , voluntary (faith Crotiiu) taking its arife c.ij S.fs, II i ' O from i£4 $mmatjtset&cm£ on Mr. Boitorfg from voluntaryj is in Morals accounted for 'voluntary. 'lis like, fome would not pay Ufe, could they have the money gratis: and probably, would be unwilling to part with the Principal too, on the fame terms ^ and he that buys, would keep his money, if he could obtain the Commodity for nought: yet here is a fufficiency of will- ingneis for transferring ofa right,for here is confent. 3. In the Compaft for lending, there is not only a private, but a publick confent too *, I mean, the National Law- Of both which Contents, Grotitts writes thus: For J ure « as from our private confent, there accrues, not ^' only an outward, hut alfo an inward right over our Goods fo alfo from a certain com- mon confent, which,in effefl, contains in it the confent of every fmgkperfon, in which fence, the Law 'of the Commonwealth, is called the (gompall of the Common-wealth. 4. Let us fee farther, whether the bor- rower have not a power to pay this Over- plus, pr to make over the right thereof to the lender? I fpeak of Civil Power or Right. This I prove, for if he have fuch a power to give it freely, he hath a power to transfer it upon Compaft : or let it be thought what is wanting here to this right- ful power. Saith Grotim : The principle, both here, and m other human alls, where-from, a right doth :i P5 tettCQUtttoi WiWCV. doth arife, is that right, which we have in- terpreted a moral faculty, together with a fufficient will. Of the confertt of the wit), I ipake but now. Take then what this Learned Author adjoyns, of the definition of Propriety, which ( faith he) isthis, when the right of alienating is in cur power , there are two things to be noted, the one in thegi- very and the other in the receiver : —• In the one there is the fame reafon for aliena- ting andpromifing by the Law of Nature. Of which laft, I comenowtofpeak. 4. The Equity of this Contract of Ufa- ry, is founded in nromife or fidelity : the receiver of the money becomes debtor by promife3 and it was ever the part of an honeft man to make good his promife, where it is in his power to perform it. Saith the Author laft mentioned, Tully p _ in his Offices gave fo great force to promifes, that he calls Faithfulnefs the foundation of Juftice. Again, All that have come to the ufe of reafon, are capable of a right from a promife. from this fellowffiip of rea- fon and fpeech arifgth that obligation from promife, whereof We have fpoken. — a promife by it felf confers a new right. The Author Of the Whole Duty of Man, p 237. writes thus : As for the, other fort of debts, that which is brought upon a man by his own voluntary promife, that alfo cannot without great injufiee be withholdenffior it is now the ^ " mans 22c* I I j 9 6 SlwmatSlDevCtOU^ on Mr. Bolton'g ^ mans right, and then 'tis no matter by what «t( means it came to be fo : therefore We fee Da- .yt vid makes it fart of the dcfcription of a jufi t y man, Pial. 15. 4. that he keeps his promtfes, y„ yea, though they were made to hif own difad- fg vantage. fie Holy liv. I Ml add Dr Taylor: Religion fly keep y, p 2 0 ^" all Promifes and Covenants, though made to your difadvantage, though afterwards you perceive you might have been better and let ,,, u not any precedent aPl of yours, be altered by ^ any after-accident: let nothing make you breaks your promt fe, unlefs it be unlawful or impoffible , i. c. either out of your Natural, loth f itruit or cut of your Civil power, your felf being un- der the power of another, or that it be intole- r ably inconvenient to your felf, and of no ad- vantage to another or that you have leave exprefftd, or reafinably pre fumed. y, 5. The Equity of this Contnft, ap- ; pears from the inequality of the contra- *7 (1.) It is unequal,thatthelender fhould receive lefs than he delivered. (2.) It is unequal that one man fhould .grow rich,toanothers damage,by whom he is enriched. lie I mttit Hjiat few ml it li 1. It is unequal that the lender fhould receive back, lefs than the borrowet rc- ceived from him: but fo it is, if nothing but the Principal be reftored *, for the borrow- er in. ^tfCOMtfC Of afuri'. 1 97 er befides this, received a right and liber- ty, toufeand make the beft advantage of what was another mans: This is more than the Creditor can be faid to receive back, having back the Principal only,he rcceivcth but what was his own. The Anti Ufurers argue' on the other hand, that Uf'ury is unjuft, becaufe lefs is given, more is received : to which Objeft. Spanhemius thus replys. 3. It is doubtful P- in faying, lei's is given, more is received : for there is refpell had either of the money de • livered only, or there is alfo refpeclhad to the undue office performed by the Creditor, the parting frem his right which he had to the money, and the privation of the money thus lent for a time: In the former r effect, it is certain, that lefs is given, more received not fo in the latter, feeing the Principal re- for'd, anfwers to the Principal lent; the O- verplus, as a juft recompence, anfwers to the undue off ce, the parting from our right, the privation of the money, and other things of like nature. Tea, this fame Argument may be turned againjl them, and faid, in fuch a Contrail the Debtor receives more than he de- livers back, feeing that he receives not only the Inftrument, but alfo the advantage of greatly increafwg his own profits from him, to whom he pays a fniall Den ft- on. 2. It is unequal, that one man fhould O 3 grow it>8 ammaMeruong on Mr. Bolton'# grow rich to anothers damage: but fo it is in many cafes, where the borrower hath all the gain, procured by anothers money, and the Creditor that lent it hath none. iSaith Grotim : That one feel the lofs with- oat the profit, is therefore not to be admitted, becaafe a communication of profits is fo natu- ral to fociety, that it cannot fland without it. Vol. i. 2. What Mr. Perkins writes will give F» 65. light to this: In baying and felling, inlet- ting and fetting, in Merchandise and other Commodities. 1. There mafl be proportion and equalitie in all Contrabls. — 2. They mail be fquarcd according to the Law of No,- tare, the fam whereof Chrifi expoundeth, Mat ,7,-12. 3. The bond of Nature mafl be kept, which bindeth him that receiveth a be- nefit, and maketh a gainful Trade of ano- ther mans Goods, that he being once enrich- ed, fhall make a proportionable and natural recompence, even above the Principal. 4. Men mafl communicate and make afe of their Goods With that Caveate which Paul gives, 2 Cor. 8. 13. Not foto beflorvthem as that others may be eafed r ind they grieved: or con- trariwife. 3. The Scripture laft mentioned, though fpoken occasionally, with refpettto giving, yet is the foundation <>f all Contracts, lay the Learned. "/ ' 4-1 ^tfcourfc of x&tuvy. 199 4. I add Spanhemiad s Teftimony: — p. 675. Tea Jufiice and Equitie were taken awa.y> e. g. If a Merchant jhoaldincreafe his Efiatc by oar mtwef, and no part of the gain fhoald come to m for oar parting with oar right and money, and for the advantage given to ano- ther ofincreafing his Efiate, withoat any ob- ligation onhis part. 5. Is not the reafon of eqaitie and equalitie overthrown, if one receive all the profit, and the other none / when yet both confer- red fdmewhat toward the promoting of that profit i, for one thing brings the matter or instrument , the other Industrie and la- boar. 6. What injufticC or want of equity is there, when both are gainers ? it is appa- rent, that fometimes it is fo, whkh is e- nough to our prcfent purpofe: neither will the inftances brought to the contrary by Mr. B. overthrow the ftrength of this p. 34, 3^. real'oning, viz,. Infianees taken from the officious lye, ftolen ffieep, and buying a prefentation , where he pleads both parties are gainers. Reply 1. But there are other parties that are apparently looters,fix. by the lye, the Community, by the ftolen Sheep, the Ow- ner •, and by the Simony, theChurch. 2. The foundation in two of thefe in- ftances, is nought and rotten, viz. Theft ancl Lying, thefe are in their own nature 0 4 fin- X 200 ^mmafcberfionis on Mr.Boltotfg fwful, and therefore not capable ot being made good by any fuppofcdadvantage: but the foundation to our Contraft oflliury, is lending, which is in it felf laudable. j. I have before proved, that the bor- rower hath power to transfer his right, which neither ofthefe mentioned had. p. 35. Mr. fS. Anfw. 2. If the borrower gain by accident, in refpeci oft he event ft is no thanks to thelffurer. Repty 1. It may be true,and yet the Con- traft be honeft. In common cafes, the buy- crows little thanks to the feller, anymore than the feller doth to the buyer, and the Contraft held blamelefs. 2. All that can be laid, is, that this is not an aft of Charity, or that which is com- monly called benefcium •, which may be true, and yet the Contraft be juft: as in the cafe of the buyer and feller aforemen- tionecl: what is juft is one thing *, and what is charitable, is another •, and yet both may be good in their kind, this is that which Se- I 2 defcen veca mean L Benefcium ejus commodum fpec- c.i 3. c. 14. tatyCuipraftatur, ndnnoftmm, aliocjuin no- bis nonilh damm: —? Let it beremem- bred, 'there is a Medium between a kind- nefs and an injury, •asfeveral kinds of Con- c j ^ trafts are. Nvriykul dubium eft, cjurn con- i'rafik fit teneficio injuria t &c. Thus it is where the Lender refpefteth his own gain. But ©ttcottrfe of miuxy. 2 ot But 3d. Where the lender refpetteth, and intendeth the borrowers gain too *, the fame Author, as well as Real'on, will tell us, there is thanks due, and kindnefs per- formed, lam not (faith he) fo unjufi, as to thin flow him nothing, who bang profit a- ble to me, proved fo aljo to himfelf: for I do not require, that he Jhottld confult my good, without an eye to his own : yea, / rather de- fire, that the benefit given me, may more ad- vantage the giver, fobe,he that gave,had re- fpettto both,&c. 4. To the Moralift, I fhall add the Di- P- 669, vine, viz.. Span hem. JfVfury be agginft any Command of the fccond Table, it mufi be the eighth : But it is not againfl the eighth : This appears, becaufe fome Ufurie, is fofar from intercepting or prejudicing anothers Goods, as that, on the contrarie, it promotes the profit, both of giver and receiver, and this by lawful means, without wrong, fraud or extortion. Mr. 'B. EXC. "But if the borrower fome- ^ ^p. times gains yet the Common-wealth is dam- nified. Reply 1. The Common-wealth is made up of fingle perfons, what proves benefi- cial to thefe, doth frequently (though not always) prove fo to that. 2. Spanhem. Anfwers it thus: 676. 1. If the Common-wealth be damnified, that is by accident, through the borrowers, rather 202 $mmat!fcerflO!T£ on Mr.Bolton'g rather than lenders fault: for that is often done by thofe that Trade with their own mo- ney, and not anothers. 2. By I awful means , e.g. by afeafona- hie buying of Wares in Foreign parts, or of things relating to their livelihood, or of Farmes in their own Country, the borrowers may have enough, whence to pay moderate Penfons,fuc'h as ought only to be required,but if they be abufedto frauds and evil arts, this muQ be imputed to the one, and not to the other. _ , Q c 5. Is it lawful for the feller to advance p. 15. 7 his price on Wares fold, upon the account of time given for the payment I Mr. B. Holds it not lawful: By fo do- ing ( faith he) he doth but fell time, which is not his to fell, and fo under the Contrail of fel- ling, he committeth ZJfury, — and this is all one as if he lent fo much money for fich a time, taking ufe for it. p. 24,8V. Reply 1. I find B. Hall agreeing with him in this, That there is no great difference betwixt this Cafe, of felling Commodities dea- ' rer for giving days of payment, and that of loan, fave that there is money left, here Com- modities money worth, &c. but I find him more moderate than Mr. B. in ftating this qucftion. And certainly ( faith he) to debar the Contrail of a moderate gam for the delay of payment W>itiwxvfz of mtuty. 203 payment upon Moneths prefixt, were to de- firoy a II Trades of Merchandise. —— a pra- Price that is now fo habituated amongft all Nations into the coitrje of Trade, that it can- not Well confift without it. Mr. Jel. that I remember, has not dif- covered his Judgment on this queftion, per- haps doubting which of his leaders here to follow^ feeing they herein divide. 2. I fhall produce the judgment and rea- fons of Divines for the lawfulness here- of. 1. Hear Blefled Calvin : Tut now fome On Deut, man will demand, whether all manner of pro- 2 3* P-S 2 3« ft be forbidden by lending, and it were a thing worth difcujfing : for put the cafe that a man dealcth plainly, and delivereth his Ware at a price for 4 time : If the other breakjday with him, and delay him of his mo- ney, doubtlefs he deferveth to pay the forfei- tare or the profit which he withholdeth from him who made the loan \ and when the inte- refi or gain thereof is fet by jufiice • furely he need not to make any Confcience to take it. There is a man that hath taken my Commo- dity by which J mitfl live : for when I have fdld to day, / muft buy again to morrow , and therefore he that hindreth me, by withhol- ding from me the gain of my Commodity, fi om m writaining the Trade of my Shop, he doth not-better than cut my Throat. 2. Bp. 204 9UnmafctietijonsonMr. Bolton'# Holy Liv. 2. BifhopT^/or. He that fells dearer p.207. by reafon, he fells not for ready money, mufi incrcafe his price no higher than to ma^e him- felf recompence for the lofs,which according to the rules of trad.e he fuflained by his for- bearance, according to common computation, reckoning in alfo the hazard, which he is prudently, warily, and. charitably to efti- mate. Thus B. Taylor: and being this differs fo little from the loan of money, we may eafily gueis what he thought in the queftion of Ufury. Tfceol. 3. Richard Ward, a ftritt Anti-ufurer Qgefl. yet faysj All clear and orthodox Divine-> agree in thefc things concerning Vfury. 9. That with Trades men it is lawful in r gard of the forbearance of their money-, i.e. They may fell dearer if they fell for a longer time, becaufe they lofe by the forbearance of their money : and foif a man defire his money in bargains before the day, he who pays may juflly demand an abatement according to the time, thefe are agreed on by all. And yet the difference betwixt this and llfury is fo fmall, that there is need of a Microfcope to difcern it. 3. Mr. 7?'s Reafon againft fuch felling dearer for forbearance, is Becaufe this is a Jelling of time which is none of his to fell. Reply 1. Let Bifhop Hall anfwer this. Jt is not meer time which is here fet to fale, — but there are two incidents into this practice, which ^ftcotttte of vHifurp. 205 which may render it not unwarrantable. The one is the hazard of the fum agreed upon. — The other is the ceffation of that gain which the Merchant might in the mean time have made of the fum dijferred, &c. 2. Mr-Aowanl'wersthefameobje&ion. Chrifr. Then, / conceive it no breach of equity in trading, to take the more for a Commodity, If the Man that buys it requires time for the payment of it, than if he paid ready money, and my reafon is this, becaufe the parting With a Commodity without money, is a damage and hinderance to the feller, and therefore he may lawfully take more, as in Lev. 25. 14, iy fays Codthere•, If thou buyeft ought of thy Neighbour, or felleft ought to thy Neighbour, you fhall not opprefs one another; but according to the multitude of years thou fhalt increafe the price thereof, and according to the fewnefsof years, thou fhalt diminilhthe price thereof. The Cafe is here the fame, &c. 1 might here examine Mr. 2>'s concef- fions upon this Queftion : As 1. Though any may not fell the dearer for time given,yet to bring the buyer to an equal price, he may fell the dearer on that account as to appear- ance, or according to the buyers apprehen- fons. 2. He grants there may be other reafons (befide forbearance ) why the feller, granting time, may fell the dearer. As H 20 6 gnimafctjetftongott Mr, Bolton'# As i. When he knows that the value of the thing will be more at the day of pay- raent, than at the day of fale: 2. If the thing which he felleth have fruit- fulufe. — 3. When the price is detained beyond the time appointed. — Thefe Con- ceflions may be retorted upon himfelfi but, I defigncdly avoid prolixity- QjS. Whether all Lending ought to be free, and a workj>f part Charity, &C. p.4t,&c. This is commonly afferted by Mr. ft. Lending was not ( faith he j Ordained to be a ContraB of negotiation \ but an aB ofCha* rity and Liberality wherein the Lender (hould not refpeB his own gain, but the hot - rowersgcJ'*, Luke 6. 35. p r ,£ Reply 1. What we render, hoping for Caf.p, nothing again . Dr. Hammond renders , 219. DPftr lifting nothing : and proves his inter- pretation: and Affertsthat thebuftnefs of "1'Jfury is not clearly ftated in the New Tefta- ment: and the only place he can pitch upon is, Luke 6. 30. which yet he builds' no great confidence on. 2. It is granted on all hands, there is a lending that ought to be free; which yet is not to be taken abl'olutely, univerfally, and without limitations : Ability is lup- poled in the perlon lending, and neceflity in the perfon borrowing. It is the Caufe of the poor that our Saviour is here plead- ing •, to thefe God and Nature require a free lending. 3, Where P-93 2^ifcourCe of wtmy. j. Where a man is not bound to Lend, he is not bound to lend freely but to fuch as are wealthy, and it may be richer than our felves,we are not bound to lend there- fore, not bound to Lend freely. Therein a Lending of due, and a Lending of Cour- tefe, faith Mr. Perkins : It cannot be that Lending (hould be due unto al 1 . And it were but a jejune Interpretation of our Saviour's Injunction to underftand it thus: Whenfoever you lend, fee that your Lending be free • But rather thus; whenfoever you meet with objeCts of pity, fome of my members that ftand in need of your relief and helping hand, according to their ne- ceiTxries, and you abilities, ftretch forth your hand by giving or free Lending to them •, though they be unable to'requite you in the like kind. 4. His Interpretation of Dent. 21.19. would make it our duty to lend to all, and that freely •* Thou jhalt not lend upon ufury to thy Brother : fay they, He is thy Brother whether poor or rich: adjoyn hereto then ylinfvoqrths Commentary : Vnder this pro- hibition the contrary is Commanded, thou jhalt lend : what ean follow from thefe premi- les, fave thfsConclufion: Thou [halt lend freely to poor and rich for both is thy Brothers 5. We muft not admit that which would injoyn us to fhew the like Charity to rich and poor •• but to require free Lending to rich 208 &mroatrt>erOton$ on Mr. Bolton'^ rich and poor alike would do lo. We read, Prov. 22. 16. He that opprejfetb the poor to increafe his riches, and he that gt- veth to the rich i Jhall furely come to pover- ty- 6. Our Saviour injoyns a Lending to thofe from whom we may not expert any thing again ( according to our Antagonifts fenfe) but if we lend to the rich, and fuch as trade and get gain, we may look for fomething again .* we may look for the principal again, and f lend to another* ?Dtfcowrfc of Mtuvv* another, whofe wants, all confidered, are lei's than mine, 1 muft take no profit upon the account of this loan ; but the borrow- er muft go away with all the gains. Nature truly holds her ballances more equally than this comes to. Qi. 7. Whether need be always to be fupo- fed in the borrower to make his borrowing lawful i Of this mind is Mr. B. faying: fje that Would borrow, Jhould have need to borrow, for a needlefs defire is unlawful. Again The Holy Ghojl in the borrower prcfuppofeth need, p 1 am not concerned to queftion the truth of this } but rather dofe with itfofar, p That none have a right to our free lending, but fuch as borrow out of need or neceffi- ty, or thofe to whom we are bound by the common bonds of humanity to extend our Charity. We have all this while been inquiring concerning the lenders duty: I fhali now take occalion from the queftion propofed, to ipeak fomewhat to that of the borrow- £rs: that things may be weighed on both fides with equal ballances. And to that end fhall lay down thefe following Propo- fals. 11.:' I. I m 214 &flimat>tserftOtfg on Mr. Bolton'£ j. A three-fold need may ba fuppofed on the borrowers part *, (for I believe none borrows, but from fome need, either re4 or conceited •, either of Natures, or their Dcben. own 'making.) Thefeneeds I find in Seneca l.i. c. xi- fitted to my hands. Of thofe things (faith he ) which arc necejfary, fome obtain the firJl ■place, without which we cannot live -• fome the fecond place,without which we ought not. fome the third, without which we will not. Or take them thus : There is the need ofnecel- fity, of conveniency, ofwantonnefs, and fome there are that borrow out of all thefe needs, taking them feveraily. 1. Such as borrow out of meernecefli- ty, that they may live, and ftave off hun- ger and nakednefs, to them lending mud be free, otherwife it will be griping. And (■i.J This need was fuppofed in the bor- rowed God pleaded for, Lev. 25.3d. Dent. 15. 7,8. (2.) The Heathen that were fo Grift a- gainft Ufury, were of that mind, that none ought to borrow, but out of this a'bfolute neceffity : which being true, the expreffi- ons of thefe ajgainft llfury, will but little advantage the Caufe of Anti-Ulurers, or befriend our common borrowers, that think wrong done them, if the loan come o o not free unto' them. Saith Rivet, The Pp. P' 0/Winchcfter himfclf at length corfeffeth, that R ^tfcourfc of 21 $ hat the fame thing pleafed Mofes which did PlaCO, that none Jhould demand water of his neighbour, until he had digged in his own Ground, even down as far as the Chaise. This I find in Plutarch, both interprc- Mor.Part. ted and applied to our matter in hand. 2i P'47 1 * Plato in his Laws (faith he) fuffers not neighbours to partake of anothers water, till they had digged at home in their own foyl, as far as the Clay, and find it void of water. Jde means that fuch h v fome part of other mens Goods, (the Law of Poverty pleading for them) that cannot get fome of their own. Is it not evident, that Law belongs to money- matters,Jo that men (hould not borrow from o- thers, nor go unto others fountains, till they have ranfaclfidtheirftore at home, and as it were colleEled by drops what may fupply their ufe and neceffity. (3.) Is not this the need intended by the Apoftle Paul, Ephefi 4. 28 ? 2. There is a need of Conveniency : When men would have fomewhat, that they can live without 3 but yctcannotwell want, without l'ome difconvenience to their Trade, or obftacle to their gain, or more comfortable fubfiftence : may men lawful- ly borrow, being under this need ? I fup- pofe they may : And I find Mr. B. incli- p.4 .0. ning this way, faying. But if thy wealthy friend havefome prefent,occafional need, (as P 4 the 216 $mutaftt>erCi£m£ on Mr.Boitotfg the richcji may have ) then if thou canfl fpare it , lend inklndnefs,&c. Mr. B. then laith, if we lend to fuch, we ought to lend free- ly, even to the wealthieft and richeft men, if they be under fuch occafional needs: hut others, upon grounds forementioned, lay otherwifc : for why fhould one be bound to run himfelf into an inconvenience to free another out of one ? 3. There is a need ofwantonnefs. I3t frpra (*•) Saith Plutarch: When men being fet on by Luxury,'ffemmatenefs and Prodiga- Itty, do not ufe their oven, but take up great funis upon ZJJury from others, being compel- p 30 led by no neceffity. Mr r B. makes mention too of the cove cu^ dcfircand pride of bor- rowers. (2. J Is it lawful for fuch to borrow ? notfurely to feed their lulls, luxury, pride or oppreflion of others ; this is foon accor- pan. 3. §. ^ed to on all fides. M r. Cupel makes men- 7. p. 327. tion of all three neceffi ties,and excludes the Jaft from the priviledge of borrowing : an- lwering the queftion, Why, and to whom mufl we give ? To all, / ut chiefly to the poor, fuch as are in need-, and need in a cafe, or in fome particular point, may befal a rich man : but when men make their own need, and through pride or folly, do occafton their own occafions and wants ■ and do defire us that we fhou'd give or lend5 here We are to With- ^ttcourfe of sufur^. 2 1 7 withhold and not feed the lufls or humors of men. (i-) Butfuppofe it be unknown to the lenders, that others borrow on thefeun- lawful defigns; ought not fuch as thefe, upon difcovery pay Ufe ? or may not the Creditor, w ith a good Confcience, of fuch, take fomewhat above the Principal I No, not according to their Principles; all gain taken on any fuch fcore being a fin againft Nature, as they fay; but I am confident, in this cafe, not again Juftice or Charity, it being againft both, that fuch fhould have poorer Mens Eftates in their hands gratify whiles they are fomenting their own lufts. 2. There be fome that hold it unlawful, not only totake,butalfoto pay Ufc,or give a gratuity, jiinfworth cites Maimomdes Annot. in that Learned Rabbi to this effeft : only he Ex-22.2<;, intends it for the Jewifh Nation, whereto Rabbins generally thought the Law of U- fury peculiar. fls it is unlawful ( faith he) to lend, fo it is unlawful to borrow upon Vfury It is unlawful to take ufe before or after: Vis one intending to borrow of a man, fends him a gift, to the end, that be may lend unto him: this is Vfury before hand; Or he hath borrowed of a man, and paid him again, and fends him a gift for his Money, which he had of him for nought, this is after.Vfury, who- 318 &mma&fcerftOtl !3 on Mr. Bolton 's Jo borrowcth of his neighbor, and was not Wont informer time to fa lute him fir ft, it is unlaw- Jul for him to falute him frfl : for it is written Ufury of any word or thing : likewife it is unlawful to the borrower to learn the lender to read, —- all the while the mo- ney is in his hand, if he Were not wont to do fo before, Stc. ftrange it is that Eagles fhould thus catch Flies, and great Rabbies learnedly difcourie of trifles. If Mr. 7-had hit upon thefe paflfages, they would have befriended him in the confirmation of that conceit, that it is not lawful to take a mite or Cup of cold water above the Principal. Laftly, There may be, and commonly is, oppreflion in the borrower, as well as the lender : This happens, when men ufe deceits to finger anothers money ; pretend ability, when there is none, promife repay- ment when they intend it not, wearying out the Creditors with their denyals or de- lays, and many other ways Peeking his da- mage and trouble: thefe things, I amfure, ought not to be, though the evil and wick- ednels thereof be but little laid to heart by many borrowers. I (hall therefore fay fomcthing for dif- couragement to prattices of this nature. i. Here is a plain violation of truth and faithfulnef, which is the bond of humane focieties, and pillar of Juftice : a good l'fabn. 15. man is one that fwearcth to his hurt, and changctl* i^tfcourfe of wfixfy* 21? changeth not: how much more fhould he keep his word,when he promifeth but to re- pay what he firft received ? 2. It is a direft and open violation of Ju- ftice, that call s upon men to give every one his due, Rom. 12.8. Ow no man any thing. the Lord requires, that men Ihould labour, that they may eat their own bread, and not live by thefweat of other mens Brows, 2 The/. 3. 8, 12. whereas the Apoftle faith, Ephefy. 28. Let him that (tele, /teal no more : Ettitu thereon, Comments thus : To Steal is here largely fat for to deceive, or un'ytfily to take away, or detain that which is anothers. — He here includes reflitution : for he that doth not re/tore when he can, per- fever es in Theft , i.e. in the voluntary with- holding ofanothers Goods , So Prov. 3. 27. Withhold not good from them to whom it is due, &cc. 3. Hear Judicious Calvin pleading the Eeut - caufeof the Lender, thus: "Behold, I de- P- 823 ' pended upon htm, he promifed to pay me at fuc'h a day, that time is pafi, and 1 can get nothing from him : he cares not though 1 and my Family fiarve for hunger, therefore in fuch cafe Juflice ought to remedy a man • fo then, if a man he on this wife deceived, it is a clear cafe, he may take Intereflgain, and not for this he accufed before either Gidor Men. We may not therefore /land on the Term or Word. 4. This MO &m'nmftfce?fiongOttMr. Bolton'# 4. ThisismadetheChara&erofawick" cd tnan, The wicked borroweth, and payeth not again-, Pfal. $ 7.21. 5. Asa Cotnment on thofe fore-cited Scriptures, I fhall recite what is written by the Judicious Author Of the Whole Duty of Man. The fecond fort of this injuftue is Theft, and of that alfo there are two kinds • the one the withholding what we Jhould pay, and the other, taking from oar neighbor what is already in his pojfeffion. Of the firfl fort, is the not paying of Debts, whether fuch as we have borrowed, or fitch as by our own voluntary promife are become oar debts, for they are equally due to him that can lay either cfthefe claims to them and therefore, the withholding of either of them is a Theft, a keeping from my neighbour that which is his.- yet the former of them is rather the more in' jurious, for by that I take from him that which he once a finally had ( be it Money, or whatfoever elfej and fo make him worfe than J found him. This is a very great, and a very common injuflice : Men can now adays, with as great confdence deny him that asks a Debt, as they do him that asks an -dimes : Nay, many times'tis matter of quarrel, for a man to demand his own; befides the many attendances-the Creditor is put to in purfuit of it, are yet, a further injury to him, by wa- fling his time, and taking him off from other hufineffes, and fohe is made a lofer that way too : ^tfcoutfe of miuvy. 221 too : This is fo great injuftice, that I fee not how a man can look^ upon any thing he poffef- feSy as his own right, whilfl he thus denys another his. It is the duty of every man in Debt, rather to fir ip himfelf of ally andcafi himfelf again naked, upon Gods Pr evidence f than thus to feather his Nell with the fpsils of his Neighbours But the fare Way for a man to [ecu re himfelf from the guilt of this injuflice, is never to borrow more than he knows he hath means to repay, unlefs it be of one, who knowing his difability, is willing to run the hazard-, otherwife, he commits this fn at the very time of borrowing: for he takes that from his neighbor, upon promife of paying, which he knows he is never likely to refiore to him, which is a flat robbery. As for the other fort of Debts,that which is p. brought upon a man by his own voluntary pro- mife,that alfo cannot, without great injufiice, be withholden : for it is now the mans right, and then , tis no matter by what means it came to be fo: therefore we fee David makes it part of the defcription of a jufl man, Pfal. 15.4. that he keepeth his promifes, yea, though they were made to his own difadvantage. 6. Saiththe Moralift, It is a part of the Sen. ad Worfi Debtor, to rail on the Creditor. Marc. LaStly, I fhall clofe with the Son of Sy- con rach, EccIef.29.4,Stc. Many,when a thing was lent them, reckoned it to be found, and put them to trouble that helped them : till he hath received, ¥22 3immaDt)erttOtt0 on Mr.Bolton,dv. received, he veill kifs a mans hand : and for his neighbors money, he will /peakfubmisjly bat when he fhould repay, he will prolong the time, and return words of grief, and complain of the time: if he prevail, he fhall hardly re- ceive the half, and he will count as if he had found it: if not, he hath deprived him of his money, and he hath gotten him an enemy with• out caufe: he payeth him with Cur fings and Railings ■, and for honour, he will pay him difgrace. Adany men have therefore refufed to lend for other mens ill dealing, fearing to be defrauded. We lee, that if thefe laft cited Authors fpeak true, fuppofe Ufurers be Thieves, (as is commonly aflerted) yet there be ma- ny borrowers that may be enrolled with them, and bear part of the denomination : though this will not juftifie the faulty a- mong either fort •, but it becomes both the one and the other, to mind honefty in their Dealings. Animad- 21$ ANIMADVERSIONS O N Mr. CAT ELS DISCOURSE OF USURY? In His TREATISE Of TliNTATIONY, P.l6l,&c. H E Place that is chofen by this ReverendDivine for theFounda- tion of his Dif- courfe being Ne- hem. 5. ii. Re- ft ore to them even this dayj &c. I fhall not let the fame pafs without fome remarks thereon. I have in my Reply to Mr .Jel. afferted the cafe here handled to be extraordinary. That it was fuch, it ap- pears 224 &ttimaUfcerGott£ on Mr. Capel's pears from the prcfentunfetled condition of this People, being but lately returned from their 70 years Captivity *, from the Heathens watching all advantages to fur- prize them in their weaknefs , divifions, V. 14.15, and diffettlement: From the Governours lg * forbearing to receive what belonged to him as fuch, and others before him had taken •, and he himlelf, 'tis like ^ would have taken at any other time : as alfo from their yielding up their Mortgages that ve- ry day, notwithftandirig their disburfe- ments thereon : whereas by Mofes Law they were not bound to furrender them till the Year of Jubilee , or till a Redemp- tion was made. And Laftly; from the frank forgiving of dues and debts: All which evidence the Cafe to be more than ordinary •, and therefore not fo fit to make an ordinary and conftant pattern , fave to a*Pcop!e or Perfons under the like Circum- fiances that thefe were. Mr.C. Reprefents their Condition much at the fame rate, when he fays; Elfe it could not be imagined, that in their bondage the Jews jhould thus have granted one upon another: The place, the time, the fcandals, be fides the exprefs Law of Cjod, one would have thought jhould have madt them fo?- bear. ■ Mr. ^tfcourfe of afurf. Mr. C. Begins thus ; The matter here is a Cafe of rejhtutionof Lands and Moneys got- ten from the door by TJfury: So our lafl Tran- flat ton reads it ,v .7 .The Hebrew is Burden. Reply 1. Let that be obferved: the word is neither!} Nefheck, nor Tarbith, the terms Scripture is wont to exprefs Ufury by, and Inereaie*, but Maffa, a Burden. And fo tranflated by Jan. and Trem. Onus unim cujufcj\ Jmpofitim alteri vos Exigitis. I know it paffeth for currant , that the pra:tice herb reproved by Nehemiah was that of Ufury ^ Though there be not one word in the Original that exprelfeth Ufa- ry, letting a fide the general term burden i And there being other Burdens they might have laid upon their Brethren befide Ufi> ry) unlefs this muft bear the burden of all Exaftions and Opprefftons whatfoever) and thele appearing to be fome different burdens ft om that i it will follow that the pra&iceshere blamed cannot be proved to havedireftly violated the law againft ufury. 2. Let them be examined apart. 1. The firft burden wc meet with is,i>.2. There were 'that fatd , We, our Sons, our Daughters are many ; therefore tve take Hp Corn thatwe may eat and live. If this Corn had been taken up by them under an Engagement to reftore double, or any Increafe, it had been Ufury by the Law forbidden, but this no way appears to 225 $mmat)foet0iOtt!S on Mr. Capel 'g to be fo : and in all likelyhood was not* For they returning newly from Captivity poor and needy, having a great charge of Children, and now working on a publick account; do defire at leaft their Corn be c P p F7i* allowed them on a publick Account / 3>7 ' and for the future not to be forc't to pay, or enter promil'e to pay for the Corn taken up by them for a Livelyhood. Thus Diodate: Take up , i.e. whilfi we Work^for the pUbhck^ good, let our food at leaf be provided for, either by the contri- button of rich men,. or by fome publicly libe- rality. Thus Diodate : and the motion be- ing reafonable, makes the interpretation feem as probable. 1- The next burden is mentioned, v. 3. Some alfo there were that faid, we have mor- gaged our Lands, Vineyards, and Houfes, that we might buy corn becaufe of the dearth. Neither can this be proved to be the fin of llfury, but fome other oppreflion. For the perform to whom thefe Eftates were morgaged, either gave for them an under- value, or the full value •, If the firft be true, fothat they wrought upon the necefiities off this poor people, and gave them not the full value 3 this was the fin of oppref- fion, even of oppreflion in buying and felling; which is by God prohibited in this particular of morgaging or felling E- ftates, Lev. 25. 14,17. But if they gave |k &ifcottvfeof wtuty. the full value for the Houfes, &c. This lureiy had been lawful at any other time, fave fuch as this and the Law of redeem- ing Eftates thus morgaged fuppoleth it; Lev. 25.24,25. And who would fell Lands or Houfes, but men neceffitous ? And it feems from the Hiftory of Naboth , they might not chop and change Inheritances at pleafure. 3. The third complaint we have v. 45. They borrowed Money to pay the Kings Tri- bute, and that upon their Lands : Thefe 'tis like, being made over, or morgaged by fecuring the money borrowed : and there was a futtherground of Complaint*, that hereupon they were neceffitated to fell their Sons and Daughters for Bondilaves. This was oppreffion contrary to another Law mentioned, Lev. 25. 39, &c. They jhall not be [old as Bondmen ,v. 42. The Aggravation of this oppreffion we find, v. 8. Whereas Nehemiah with fome others had juft before ffiewn their pity and kindnci's to their Brethren, in Ranfoming them out of Captivity: thefe prefently af- ter defign to make their Market of them, by felling them again, or taking them for Bondflaves to themfelves. 4. The Complaint in v. 7. hath a re- fpeft but unto the foregoing grievances 3 it being their complaint taken up and ma- tiaged anew by Nehemiah in his contend- 0^2 ing 227 % 8 anmattoerttong on Mr. Capel'g , ing with the Nobles. We read, 'tis true, ^ t ye ex all Vfury •, but nearer to the Hebrew itw it is, ye exafl a burden every one of his f 0 m Brother $ or, ye Exafl a debt or Loan ; fo r y : Buxtorf renders the word by Debitnm, f c mutuant. And then it was not Money for ufethat that they exafted , buttheprin- J* cipal; whereas they fhould have forgiven ^ their Brethren that were poor, and even j,^ brought to ftarving : and for the eonfirma- jj :c; jj tion of this lenfe makes what we read, h 0l Neh. io- 31. Amongil other things they ^ there Covenant, to leave the Exaflton of e- XIC very Debt. And fo they were bound to |; n( j 0 do every feventh Year by God's Law, , Lent. 15.1, &c. Every Creditor that lend- eth ought c. What we render ye Exafl |; jG Vfury , the 70. only read, ye Exacl y lea- ^ A next- vingout the lnbftantive. And Dr. Ham- ijye Tf-xn' mond confefTes, the word may fignifie, to . £ „ : . Praft.cat. Exafl or require bacf the loan- t the which he P-315- proves by comparing it with other places. yt £j 5. All the doubt then remains of what ^ is written, v. 11. Where they are called on ^ to rcfiorc the hundredth fart of the money,— that they had Exaflcd. . „ This Hundredth part of Money, Corn, "V Wine andOyl, thus exatted by the No- Tc bles and Govei nours, Mr. C. after others, takes for granted tobelllury that they fi . 1 took, but cannot fettle whether it were taken every Month, or once a Year only : ,re< i.e. \ r 22>tfcourfe of i. e. Whether it were after the rate of one, or twelve in the Hundred. But I believe it was neither one nor other; but rather fome other way of exaftion than by Ufu- ry; and my rcafon of this conje&ure I take from what the Governour himfelf faith, v. 10. I likeVfiJe, and my Brethren, and my Servants, might exatl of them Mo- ney and Corn. Which way might he and his have cxaded Money and Cornoftheir Brethren? I dare fay, he meant it not by way of Ufury, which was exprefly againft the Law : for this had been a frigid, Je- june realon to difwade from Ui'ury,to fay, I and others might have done lb as well as you; the thing inqueftion too being un- der Divine prohibition. Upon the whole it feems to me not an improbable con- Jedure, that this hundredth part was ex- aded by them as Officers and Rulers among the people, for lo they were, v. 7. Chap. 11. 1. The forbearanee of Nehemiah toward the people, you may lee, v. 14. x^^&c. Whereas other Governours before him, had been chargeable to the'people,and had taken Bread and Wine,and Silver of them; and their Servants bare rule over them : In this Nehemiah was not chargeable to them; for neither he nor his Brethren did eat the.Bread of the Governour, for the fpace of iz. years: and it feems he per- Q 3 fwaded 22 § I I 1 ft 230 I V PI?' If, s V.2. ^Uttraa&fcetftotts on Mr. Capei'g fwaded the other Rulers to have ulcd the like forbearance towards this people, and not have exatted at this time that part of the Corn and Wine, &c. that belonged to them. This I take to be the Genuine feni'e of the place : The fum of Nehemiahs difwafion being", I Pray let vu leave off this burden , v. 10. 3. Thus I have endeavoured to clear, that it was not Ufury, but l'ome other op- preflive burden they are here reproved for. But to my purpofe it matte: s not much, whether it wQre this or that : for let it be granted, that the thing blamed was Ufury, and the cafe was not extraor- dinary.* yet the condemnation of ail Ufu- ry amongft Chriftians cannot be hence in- ferred. For, 1. Thefe were poor,fo acknowledged to be .by Mr. C. himfelf.- and the Hiftory fpeaks it fufficicntly (though Mr. Jel. would hence prove, it is not lawful to take ufe of the rich. ) Now the Law was exprefs, they might not take ufe of the poor, Exod. 22.25. Yea they were com- manded to relieve him when fallen into de- Cay, and not to lend him their money for Ufury, nor Vidluals for incrcafe, £0^.25. 35>36 37- 2. They cxatted ufury of their Ere- thrcn, v. 7. I cannot be perfwaded they might have exaftcd Ufury of a Stranger that jsnftoutTc of wfmy, 231 that was poor, and borrowed to keep him- felf from ftarving, (though Mr. Capel faith P« 2| 57« the yews might have put their money to Vfe Iv1ai to a poor Stranger, though not to a poor or rich yew.) This was the Jews peculiar, they might not take life of their Brethe- ren, thofe of their own Nation whatever he were* The former being law of na- ture and charity, that injoyns afts of Com- mon humanity. This latter was a lawPoliti- caf, that intended acfs of peculiar kindnefs, Deut. 23. 19,20. They might lend upon Ulury to a Stranger, but not to a Bro- ther: though moftly it was the poorer fort among the Jews that borrowed. Hear Mr. C. fpeakingto the fameeffeft: The Law doth urge it mofi, that it be not done to P- 2 ^7' the poor Jews } was it not becaufe the Jews were then too noble and generous to go a bor- rowing, except it were the poorer fort f what (hould the Law then forbid that to be done by rich men, which mofi rich men never did f The ufual fhift here is to fay, that by p.266,267 Stranger, is meant the Canaanite, whom they were bound to kill. What ? bound to kill him, and yet might lend him money ? bound to have no fociety with him, for fear of infefton, and yet might have Civil Com- merce with him ? A thing incredible! this is an arguing that cuts its own Throat. 0^4 The 2j2 ^ntmatfeerffotrg onMr.Capel'g The ews themfelves, with their Lear- • ned Rabbles, always underftood the Law, In luc. °f a Stranger indefinitely, as Grotius af- the <5 .35. ferts: And how could they underftand it otherwife, when Stranger.and Brother afi are oppofed in the Text ? was the Egypti- an or Jlffynan their brother ? if not, then h$ the' Jews were not prohibited to lend to oil thefe uponllfury. • te' ; P, 266. Mr. C. The Law I know permitted it *' to the Jews, to the Stranger *, what of that ? it® Jt follows the rather, that it is of it felf God; a fin-, becaufe permijfionis of fins, not of da- tkpi ties. tenia Reply 1. It is well known, there is a nilln Medium between fins and duties - , things fkl indifferent are neither fins nor duties, iw which may come under an'exception or per- them mifiion in Political Laws. Some permtfiton tm r (faith Cjrotms) gives a right to do a thing, intie for thus he writes : We willfpeaffomething unlaw' more dislinflly of things permitted, For the it tsnr permiffion which is by Law (for that which is of the nakfd faft y and figmfes theremo- fat vingof the impediment belongs not to this mil place) is either full, which grants a full right |k to do a thing lawfully: oris lefs than full, which only grants impunity amongfl men, and J a right that no man may lawfully hinder fa him. ^ 2. Is it credible, that Gcd by a Law n® pofitively permitted fin t or tolerated what £>ttcourfe of Siftrct* % s 3 what is in itfelf finful, and againft the very L2\vof Mature •, even i'uch a fin as the Hea- thensofall forts, viz.. Poets, Orators, Hi- p. 257. florians, Thilofophers, all cryed frame upon ? a fin that is in it i'elf Theft, as bad as A- dultery? would it confift with Gods Ho- Iinefs, thus to permit Adultery, Murder or Theft ? for either thefe would be fin af- ter l'uch permiflion or not ? if they conti- nued fin after permiflion granted, would it not prove a blemifh to the HoUncfs of Gods Law ? but if thefe ceafed to be fin by the permiflion, hereby an alteratioirtyouid be made in the very Law of Nature, which will notbeeafily granted. Cjrotius faith, De Jure. The Law of Nature is fo unalterable, that P-4- it cannot be changed by Gcdhimfelf. Let them not tell us, ofthefpoilingthe Egyp- tians , and killing the Canaanites •, the Ifrae- htes asking or borrowing being not in it felf unlawful (as they fay Ufury is, and that it cannot be made good -by any circum- fiance) neither killing an enemy, that dc- ferved death by his wickednefs, when com- miflionated alfo by fufficient Authority,as they were in both thefe inftances. 5. But what talk they of a permiflion? this was more, even an allowance ^ for in the Original there is no difference in the manner of exprefling, as there is in our EnglifJ1 Bibles: which iffo,why fhouldone 2 54 SUWaMjetttCtTg on Mr. Capel'0 be barely a permiffion, when the other is a Command or Prohibition ? 4. It lhall be granted fifthat will ferve their turn) that to lbme Strangers they taight not lend upon Ufury : but thcfe are fuch as are excepted by the Law it felfj and they were poor Strangers, and fuch as were become Brethren in the Faith, as g. 291. Mr.C in his Appendix obierves from Ainf- worth. But that by Stranger, is meant the Cur- Append, fed Nations only, he would piove from 290. hence, Bccaufe the Jews flood generally bound to (hew all mercy, ejpecially to common flrangers , Heb. 13.2. The Fat her left, the Widow and the Stranger, go hand in hand together in the Word of God} row Ufury he- ing no aft of tyndnefs and mercy, but rather the contrary, &c. Reply 1. The Jews were to fliew more kindnefs to thofe of their own Nation, then to Strangers, as appears, beyond denval, by many other Political Laws be- fides this. 2. And though free lending were an aft of kindnefs fas the borrower found) yet it hence follows not, that taking mo- derate Ufe is in it felf an aft of unkind- nefs aftsof juftice and equity coming be- „ tween afts ofCharity on the one hand, and aflsof Oppreflionon the other. Mr. C. ^tfcourfe of mfur?. 2^ Mr. C. The moft that can he [aid is, that p, i6<,. the Vjury-taker fays the Vfe willingly; and where a man farts with his money willingly, reftitution is not of force. Judas might have retained the money, with the good con- tent of the Trie/Is , who gave it will- ingly yet he did reftore it, and was hound unto it. Reply 1. Thefe are but fair {hews: the ground work here was rotten: a Pack of Knaves bargaining for the price of innocent bloud ; the one fide hiring the Betrayer, the other for filthy lucreartually betraying or felling his Matter fthe foundation in the other Contrart is lawful, viz.. the lending and borrowing of money. 2. In the former Compart,the betraying of the Innocent had been abominable, and would have called for Repentance, ifno mo- ney had palled on that account: they wiH not fay fo of the latter Contraft. j. Here the Chief Priefts hired Judas to do mifchiefs: does the Creditor by the money he lends, or the borrower by the life he pays, hire each other on this de- fign ? 4. Had the money been given Judas for any k.ndnefsor good fervice done them, what had been herein blame-worthy ? whereas the money the borrower pays, is returned upon fuch account. Mr. C. is III 1 m >: j Pi - m ■ w 2 36 Stttttta&fterficwg on Mr. Capei'g Ibid, Mr. C. And were this good Divinity, then a great deal of that which comes in by briberie and dicer ie may be lawfnlhe and com- fortablyk^pt. Reply i The confequence fails, what comes in by bribery indeed ought to be re- ftored: There are two things that difference the cafe. (i.) Whereas Bribery is a reward ta- ken for the fell ng or perverting of J uftice: Let it be remcmored, that thofe who are con erned in the adminiftration of Ju- fticc, have their reward or fees fixed and Rated, to be payed them either out of the Publick, or by the partys concerned : now when fuch take beyond and befides fuch al- Iowance,this is to be paid twice for the fame office and fervice: but is the Creditors cafe the fame ? is he otherwife rewarded for the kindnefs he fhews in lending his mq- ney t (z.) The next difference .makes the weak- neis of |he arguing yet more apparent: for bribery is a gratuity or free gift - , & yet be- ing bellowed on fuch account,is finful both in the giver and taker : But a gratuity or free gift communicated by the borrower, is commonly acknowledged by themlelves to be lawful,and may be both fafely given, andfafely taken.though the borrower there- in have an eye to the kindnefs done him by the loan. D-3 As A i^tfcoutfe of 237 C2.3 As to the Argument from Dice- ry. 1. The ground-work is rotten, Dicery being generally held to be unlawful, becaufe a Lottery; and fo not like to len- ding. 2. If Dicery were lawful, yet it were not commendable to venture at it more than the fport or recreation is worth: No man is fo Matter of his money, as to caft it away at haphazard , but where the gains and lofles are fmal), and recompenced by the fport or recreation, I fee not the necefiity of reftitution: Whereas, with Mr. Jel. and his Authors, the l'malleft: gain, fuch as a Cup of Cold Water or a Mite, were unlawful to be taken upon the account of money lent, and then I think, upon the fuppofal of fuch receits reftitution mutt be made. Mr. C. Then / fay, that though it he not Ibid. againfl the will of the borrower, that the Vfurer fiould keep the Vfe, yet it Jhould he. Reply 1. There are (faith Grotim) two things required to the transferring of a right, and thefe are will and power: here it isfuppofed that the borrower is willing to pay this Ufe, what is then wanting ? a law- ful power i if fo, doth either the Law of God or Man forbid it ? 1. The i 3 8 &romat>fcet0ong on Mr. Capei 'g 2.' The borrower may give a gratuity; yea and ought to be thankful, and return kindnefs for kindnefs*, if able, what hin- dersthenf may he not give it in cafe the Creditor expefts it ? or becaufe of the Compait paft, whereby he is bound to give it ? but thefe bonds he freely and will- ingly entered into, and volenti non jit inju- ria , faith Mr. B. And if he may give it freely without a Compaq why may he not give when he is under a double obliga- tion, to wit, that of kindnefs and promife ? thefe are fuch niceties as will puzzle the Confciences of the plain and honeft-heart- ded, if not of wifer and more dilcerning perfons, how to put a difference between them. Hppencl. Mr. C. Hortenfius did borrow Cato'-f p. 290. Wife to breed upon, Hortenfius was willing) Cato was willing, his Wife was willing, and yet this was finfnl. Reply: Who doubts it ? x. All that this will prove is, that there may be fin committed in tranfaftions parting be- tween men, where yet all partys arc willing; but rightful'power wanting to do fo. 2. I hope borrowing of Money is law- ful, is borrowing of Wives lo I ?. The Creditor may at leafl: lend out his Money to another, may Otto lend his Wifefo ? 4. The ^ticoutfe of suftro 2 ^ 4. The borrower may return a gratui- ty, and be willing fo to do, without fin but may Hortenfm as lawfully hire another Mans Wife, and pay for the hire of her ? See the ftrength of fuch arguing! Mr. C. Laflly, He feems many times to be p. 2 660 willing, becaiife he cannot tell how to help it the Traveler gives his Purfe to the Thief,be- caufe he cannot do othsrwife, or at leaf dares not, &c. Reply x. That is, in other terms, the borrower cannot tell how to get Money for to buy a bargain, flop a gap, or ufe Mer- chandizingwith, for nothing: if he could, 'tis likely, he would never pay Ufe. And at the fame rate, are there not many that borrow, that would detain the Principal, if they knew how to do it, or if left to the choice of their wills ? that do as unwillingly refund the Money lent them, as the Tra- veler parts with his Purfe to the Thief The Wicked borroweth, and payeth not a- gain. 2. The Traveler delivers his Purfe to the Thief, and that prudently, to fave his life^ but it is unlawful, fay fome of them, to pay Ufe, as well as to take it. 3. The Traveler meets the Thief a- gainft his will: the borrower out of choice, and of his own accord a pplys himfelf toihe lender, and feeks him out. 4. ft 240 9lttimatJtevtion0 on Mr. Capel 'g 4. Is not here as great a willingnafsj as WK in other Contratts: Many would not buy* Wifi if they could haue for nothing though I pracl know Abraham was otherwife minded, and ihe David too. Many-men that take pains for us, livelihood, would not, if they could tell ter, howtohelpit: and fo, 'tis beyond doubt, Mr they would not pay life for what they bor- 1;;J« row,if they knew how to have their wants kfyti fupplied otherwife: But obferve 3 there is $5 no violence or conflraint offered the mans forget will or perlon : here is no fraud or deceit mate ufedto blind the underftanding and there- bveo' by to work the will to a compliance. If a if feu wealthy borrower like not the terms,though within thecompafs of moderation and pre- ntruth fcription of the Law,he may let the loan a- ^reiS lone, there is no wrong done : Neither the Law of God or Man lays an engagement ^' upon another to lend to him freely. If he agrees to the terms propoled, here is con- fent, and as much wiliingneft, as ufeth to be in the buyer, who not feldom is with yy much ado brought up to the lellers price. AH the doubt then t emaineth, whether the Debtor have a fufficient power to transfer » his right to the Over-plus he pays: and ^ why not f feeing he may give a gratuity, w „ f and may lend fo much another time to his friend, and there is no Law forbidding f< /^ him: whereas there was the Law of Na- ^ ture forbidding Cato to lend his Wife to a- ^ j nother, IDtTcottrfc cf wtmp 241 Mother, how willing foever borh he and his Wife were; The more of the will inl'uch practices, the worle on their part s but the more of the will in the cale before us, it is not the wori'e, but rather the bet- ter. Mr C. Zacheus did offer to refiore what hefetcht in by forged Cawillation, he might like enough have kept it , &c. Reply: What Zachem had gotten by forged Cavillation, good reafon he fhould make reftitution off: fo fhould fuch as have over-reacht others in bargainings and fo fhould they that take increai'e, if it were of that nature as they reprefent it: and fo in truth fhould every one that is guilty of oppreffjonor hard dealing, under the name of Ufury. But in other things that are not clearly ftated in the word, and continue difputable between good and learned Men. I think the Apoftles praftice may prove a good Prefidents who in another cafe was as i Cor. heedful as well could be, that he might 7* 35* not caft fnares and expole thole he wrote to, toneedlefs fcruples and diftrattions offpi- rit. Mr. C. The Heathens of all forts have condemned this fin by the in(linft and light of p. 267. Nature, and therefore it could not be apoliti- cal Law o/Mofes. Reply 1. Cato , I perceive, was one of thofc Heathens, that by the light of Na- R ture 'A I I j ' 3| 1 242 antmaTtoetCiong on Mr. Capei'g ture condemned all Ufury; for, faith Mr- J el. after B. Hall, Cato feverely punijht Vfu- rers,and drove them out of the Commonwealth. Let it be remembredby the way, that this Cato who was againft all taking gain for the loan of Money, was not againft taking gain for the Loan of his Wife. Hortenfm (faith Append. Mr. Capel) didhorrow Cato's Wife to breed 2 9°- upon,and had her, and did return her to Ca- to rich, when he had ferved his turn on her, &c. Strange it is that he who wasquickfigh- ted in Natures light, as thereby to boggle at the loan of mony upon Ufury,fhould not by the fame light boggle at this bafer Ufury! only I fore-lee a Reply that 1 fhall »let pafs Mr. Bol- unmentioned. — ton's Dif- 2. It is apparent from their own realo- nings, that the Heathen commonly pra&i- fed Ufury, or they think that they did fo: for this is brought in by Mr. 2?. as one rea- Ion why God permitted the Jews to exer- cife Ufury toward the Heathen, namely, The injujlice of the Gentiles with whom they did Trajfick^, fuch as they would be fureto exaSl Vfury of the Jews. How could he be fure of this, ifitwereafin againft Natures light ? And feeing Mr. B. fpeaks of thofe Nations they might Traffick with, how could he by Stranger underftand only the Canaanite or thofe accurfed, Nations with whom thewere forbidden allTraffick? 3. Seems it not an unlikely thing that God courfe p. 2©. teitcourtt of mtuxy* 243 God fhould by Law tolerate his own Peo- pie in fuchpra ;ices, which the Heathen, yea all forts among them condemned by the light of Nature i DuI? If every Vfurary ContraEl ( faith Span- Evang. bem.)were formally and in its ownkindfin,and par.3.p 4 afort of Theftj then G od had long ago che- 67^ rifhed fuch fins, when by his Law he permit- ted to exaEl Vfury from a Stranger. What a reflexion would this have been on the Divine Law, to have granted that which Natures Law condemns ? what a ftumbling block in the way of the Gentiles f would it not have given too great occafion to their prejudices againft that Religion which had God for its Author ? and do not the Chriftians commonly find fault with theHea- then Law-givers for things of this nature? 4. And it is to me as great a wonder, how the Heathen could fee that to be fo horrid a fin by Natures Light; and that unanimoufly, all agreeing therein, when many Holy, Learned, Judicious men, that have the Scriptures to guide them befide and beyond the light of Nature, cannotdi- fcern this finfulnefs in Ufury duely ftated % but have pleaded the Iawfulnels thereof. Hear Mr. C. himfelf faying •, And yet I Append* hope Learned Men Cmuch more Learned P* Chriftians ] fhould befi and foonefl find out What is written by the Law of Nature in their I tannot bs perfwaded that Cata R 2 could I 244 ^ntroafctierttong on Mr. Capei'g could fee farther into things of this Nature, than Calvin \ or that an Ariftotle , a Tin- tarch fhould be better acquainted with ca- i'cs of Confcience, than Amefius, Perkins, Baxter. 5. Underfland me in the foregoing bran- ches fpeaking of Ufury in the fame latitude, that it is taken by thofe I oppofe •, but I have all along granted there is an oppref- five Ufury which the light of Nature may be fufficient to condemn, (as it doth the like extravagances in buying and felling) and this having been in mod: Ages too com- monly praftiled, might juftly incur the in- dignation of the wifer and better fort a- mong the Heathen. Take the teftimonies of two Learned men in onc,fpcakingto the fame effeft. g > an j lem As for the contrary teflimonies, whether of Dub. Ev* Pagans or Fathers, they are to he under food part in a limited fenfe, not ah folate ly : for fome p. 672. are too rigid, fome fpeak^not of all Ufury, hut only of biting Ufury, immoderate and exatled from the poor, or attended with the damage of our neighbour, and of an Ufurary kind of living } ■ which is defervedly odious to all good men, and was long ago by Lycur- gus cafl out of Sparta. The which hath been ■. well obferved by the famous Hugo Grotius, 1.2. tie Jure,&c. c. 12. $1.20. What is faid by Cato, Cicero, Plutarch and others againjl Ufury, refpelts not fo much what is * intrinfecal ^ifcoutfe of ®fur£, 245 intrinfecal to it } as what is wont to attend and follow it. 6. I have made infpettion into Plutarch Mor.Part. my felf, and find the Ufurers by him in- 2 - P-47 1 * veighed againft, took life every Moneth, De vitand9 and life at firft lending, and life upon Ufe, are lUKm ' (which he reprefents by the iuperfetation of the hare) and other fraudulent dealings of theirs he there fpeaks of, as naught in themfelves, fo againft the Laws then in force. Mr. C. Wo have it forbidden in the N.Tc- P. 267. slament^ where Jitdicials were out of date, Lend, hoping for nothing again. Reply 1. It is an apparent miftake, to fay that Judicials were out ofdate in Chrift's time, they not expiring till 40 years after, when their whole polity wasdeftroyed by Titus: the which, for ought lean fee, had for the moft part continued to this day, had not their Commonwealth been difiol- ved, excepting what was typical and dif- criminative of them as a peculiar Church : and Mr. C himfelf, pleads for the ftan- 2727 1 ' ding power of a Polit^ral Law of Mofes y even in Chrift's time, when he juftifies the Difciples plucking the E£rs of Corn, Mat. 12. 1. Let (frotim decide the Controver- De Jure, fie, faying, It can be proved by no ar- ^«P»24» gnment, that the Law o/Mofes, as concer- ning Judicials, ceafed before the City Jeru- R ? falcm 1 24 6 &nimat>fcetfion£ on Mr. Capei 'g falem was demolifii'd ; and with that bdh the kind and hope of the Commonwealth fell \ for neither in the Law of Mofes is any term predefined : neither Chrifi or his yipoftles any where fpeakjf the ccfj'ation of that Law,fave as far as it might feem to be comprehended in the mine of the Commonwealth, &c. Politicals then were not out of date in Chrift'stime, as Mr. C. would perfwade us. 2. I am very fecure (upon reafons for- merly given) that our Saviour here never intended the condemnation of all Ufury. Difcourfe ■^ nc ^ Mr. himfelf underftands it not p. 58. as fpoken directly againft it, but only by conlequence. For thus he writes; Where Lending is commanded, without providing for mdempnity, in r caving the principal,if fo their Brothers need truly require : much more without requiring an overplus above the principal \ which Corift faith in the fame p place, even finners Would do. E!fewhere 5 0/*r ■ Saviour gives this tefiimony to the very fin- ners of his time among the Jews, that they Would lend one to another, that thiy might receive fo much as th$y lent, &c. Wticncel gather, that in his ienfe, Lend, hoping for nothing again, is not to be underftood without limitation : For 1. In many Cafes itislawfulto receive the principal again. 2. Whereas Mr. B. faith we are not to re- {live the principal again, in Cafe our Bro- &iicmxiz of sufuri\ 247 thers need truly require it, we will grant, that much lefs, in the like Cafe may an o- verplus be received. 3. Oar Saviours intent ( according to him ) being to take men off from contenting themfelves with doing what the finnersthen did \ and what they did was a lending to thofe that would befriend them another time with the like kindnefs , It neceflarily follows, that this Lending, hoping, &c. was not abfolutely condemned by our Saviour, butonlywith refpeclto the poor and needy. 4. And if this be true, down falls Mr. Jet's definition grounded on thisScripture. Mr. C. The Vfurer is bound to refiore, be- p. 268. caufe he hath no true Title (Jure DivinoJ no not in flritl Juftice to what comes in that tfay. Reply. If fo, I would know what is more required to make the Title good . ? for though propriety have its foundation on the Divine Law, yet it is the Law of man that a&ually divides betwixt mine and thine • and fetteth Landmarks and boun- daries to each mans propriety. Chriffc himfelf tells us, faitlt Do£tor Hammond, Pra&. that his Kingdom is not of this World, that Cat.p. he came not to interpofe in fecular djfairs 2 "^' (fuch are the the proprietis of men ) but difclaimed, having any thing to do to be a Judge or Divider among men. R 4 Let 248 3mmat)fceVfiOUS on Mr.Capel 'g E>e J^e Le us hear frotius. We mitft alfo know, P- lo. that the Law c/ Nature not only pajfeth up- on thofe things that do exifi Without the veill of man, hut alfo upon many things which follow the Act of mans w■ liftk us propriety, fuch as is now in ufe, was brought in by mans will but that being once brought in, the Law of nature declares it to be wicked for me to take away what thou haft Jttch a propriety to, &c. Now here in the Cafe of Ufury the Law of man interpofes, and the conient of the Borrower; and iomewhat valuable on the Lenders part •• for I cannot be perfwaded but that the Loan of money is worth mo- ney. And Mr. IB. though he ftarts this Obje-flion thinks not good to deny it, but only endeavours by declining to avoid the force of this Arrow : And Mr. J thought it the befi: way to let it alone. Uponthel'e confiderations forefaid, what is wanting to beget a title to this money fpoken of 1 cannot lee: 1 he matter it felt being political, iscaoableof limitation by the political Laws ot men, keeping within the compafs o' a general equity. The que- ffion of Ufury being concerning things political, as we'll as that concerning thic- very or murder, and pro[ r cty j 1 fee no very ^tfcourfe of wtart. 349 reafon why the handling thereof fhould be fo peculiar to Divines, as that a Grotius or Salmafm may not concern himfelf in debating it,whatsoever Mr. C. fuggefts to Append, the contrary. p. 293. l am not much concerned in the School- p> mens opinion, and what he replies upon it: The former ( as reprefented by him ) holding, that in Cafes of necefity, the di- flwffion of humane propriety, being ground- ed on mens faxes ceafeth, and ought to give place to the Lave of Nature, vebich teacbetb Jelfprefervation. Although I have prepared former. Ani- madverfions on what is hereby him deba- ted, yet I have chofen to pals them over, becaufe fomewhat foreign to the quellion I am concerned to vindicate, and becaufe I would make this Difcourfe no larger than is needful: But they that have a defire to be fatisfied in the queftion, how far the Laws of propriety are to give place to that of felf-prefervatior., may find it ftated by Grotim, de Jure Belli & pacts, 1.2. c. 2.§. 6, Mr. C. But vehen both parties gain, veho is bitten r The Commonwealth fay 1, that is hurtful to the Commonwealth, which is a burden to the mofl, and thofewho havemoft Append. ma. ?• 2S ?' Reply X. i 5o gmmaDfcetOiongJ on Mr. CapePgs Reply i. I doubt his proof is lame: the more of Traders, the cheaper moftly are Commodities. Ifnoneffiouldbe Traders, but fuch as are monied men, then fuch Traders would be fewer, and by confe- quence the Trade being in the manage- ment of the hands of few , Commodities would be dearer and fcarcer than they are, both upon the account of the paucity of fellers , and their indifferency in parting with the Commodity , unlefs the buyer comes up to their de- mands. This is apparent if applied to for- reign wares: for the bringing in whereof, I do not know that they that have money are bound to Lend to the Merchants free- ly, that they might fell the cheaper: nci- thercan I beperfwaded, that if they bor- rowed freely, they would fell much the cheaper; but the gains would remai.i in their own Coffers , and the poor pay as dear as before : and would not things bear the fame price,and come to the lame Mark- et, provided the Lender entred fellowfhip, and bare a {hare both in the loffes and gains ? 2. All Commodities fold, are either fuch as are neceffary, or fuch as are only convenient or fuperfluous: the meafure in the former commonly is fcarcity, the meafure of worth in the latter is moftly fancy, or the will of man. So I learn from Ptfcourfe of tsifttty. 251 from Grotitu } The mofi natural meafure of p.232« every thing, What it is worth is fcarcity y As Ariftotle rightly Jhews: but this is not the only meafure j for the will of man which is the Lord over things, defines many things more than are necejfary. Mr. C. Now Ufury being no a5l of mer- Append ey and kwdnefs) but rather the contrary; it 29 *annot but follow, that the permijfion to lend upon ZJfe to the Stranger, muft not be meant of ordinary Strangers, to whom they were to pew all tyndnefs and compajjion, but the Strangers of thofe cur Jed Nations,whom they Were bound to bite and eat out. Reply 1. This hath been anfwered be- fore. It is a fign men are hard put to it, when they make ufe of fuch weak fliifts and eva (ions; for fo I muft call it, there being fo little footing for it in the Scrip- tures ( from whence alone they can take it) And why fhould they diftinguifh where Scripture diftinguifheth not, nor gives any ground towards it •, but rather the contra- ry? 2. As to the enquiry, whether Lending upon ufe be a favour or no ? 1 fay that free lending was a greater favour to the borrowers: and this was requiute for the Jewifh Commonwealth and Polity, foro- therwife they would have loft the benefit of fome other political Laws-, fuch as were the forgiving of debts every feventh, 25 2 Stoiroattoetfiott# on Mr. Capei'g and the releafingof Morgages every Fif- tieth year. But for Common wealths ad- difted to Traffick, I doubt not to fay that Lending on ule is beneficial,yea necelfary : that money b ing hereby imployed this way, that would otherwife be diverted ( and that without wongto any man J to other uies; or elfe be hoarded up. Eve- ry mans concernments leading this way, befides the ordinary ingratitude , unfaith- fulnefs, and undue delay on the part of' paoft Borrowers. 3. Neither is that true, that the Jews were to fhew all kindnefs to ordinary Strangers: kindnefs inde dthev were to fhc : this Common humanity bound them to, if there had been no exprefs Law of God in Scripture requiring it: And hereupon I advance, and lay, that lend- ing upon ule was coniiftcnt wit Com- mon kindnefs, being they might thus lend upon ule to a Stranger, to whom yet they were injoyned to fhew kind- nel's. But 1 am yet to feek that they were to fiiew alltyndnefs to Stranger^, whether you underftand it of kinds or degreesj It is apparent there were feveral kinds and degrees of kindnefs they were to fhew toward their own'Nation, the which they were not to.ind to fhew to others: this is evident from feveral Laws given that ^(fcourfe of mimy. 2 5 $ that Nation,as before hinted, and amongft the reft this of Ufury. Whereas he faith, That Vfury is no ail of kindnefs and mercy, hut rather the contra- ry. Thjs needs a little examining before it have a let pafs. Let it be ftill remembred, there is a Medium between afts of Mercy or pure Charity and uncharitablenefs, viz.. Afts of Juftice. Thus buying and felling, which are afts of Juftice, are not proper- ly afts of Charity. One fells me Corn ( faith De benef* Seneca) 7 cannot live, unlcfs / buy it: but f 6. c. 14, J owe not my life, becaufe I have bought. Though de eventu iuch afts of Juftice may prove charitable, and ordinarily the buyer is advantaged thereby as well as the felier. The like 1 fay, of lending upon 11- fury : it may be an act of Juftice, though not of Charity : though intentionally it may be a charitable aft, the lender deligning his neighbours advantage, beiides his own: & eventually alfo it may prove an aft ofcba- rity or kindnefs, when the borrower comes off a gainer by the contraft. And fo it is really a kindnefs, where the lender takes but 2or $s, whereby the Law he might take 6 s. 51 But whatever this lending upon life be, it is granted that lending freely is a greater »kindnefs to the perfon receiviag: yet the confequence is lame,that iflending upon Ufe were a favour, they fhould there- upon VA * 54 pi 294» antroa&fcettfottgonMr. Capei'g upon be injoined to lend upon life to a Jew , for that free lending of the two, was a greater favour: giving is a greater fa- vour than felling-, what then? muft all felling be exploded to make room for gi- ving only ? this would prove as abfurd in it felf, as it would be prejudicial to the in- terefts of perfons and Nations. Mr . Amfwortb (quoted by Mr. Cupel ) faith, That to Strangers who were brethren in the faith, they might not lend upon Vfury. Is this not rather againft, than for him ? would it not follow hence, that to Stran- gers which were not of the Faith they might lend upon Ufury ? and again • it would admit ol an inquiry, whether they might rake Ufe of the Canaanite , or any of thofe accurled Nations when they were Profelited, and become brethren in the Faith? If not, ( as I think they dare not fay itj upon the whole we (hall find the cafe ofall Strangers to be alike in this que- ftion of Uiury. Mr. C, Starts an Obje&ion, Is it not fit Jfhould have rent for my Money, as well as for my Land. The fum of his anfwer is : When Money is lent to a poor man for bread, here it is-acknowledged to be unlawful to take gam \ but not fo take Money for apiece of Arable Land, which this poor man rents at an indifferent rate^to provide bread for him and his', ^tfcoutfe of wiuvy. 2 5 ^ his \ or to pay Money for an houfe he dwells in. Reply 1. If I am bound to help my poor neighbour •, is it not all one, whether I give him twenty {hillings out of my Purfe, or a- bate him fo much in the Rent of Houfe or Field hethires of me ? 2. Suppofe to a poor man one neigh- bour lends twenty fhillings} and a richer than he letts his Houfe to the fame perlon : the former being bound to lend his Money freely to this poor man, may the other take his full Rent of him ? I think, both the one, and the other, In cafe of extremity, are bound to fhew charity to this poor man; as the one lending freely, fo the other aba- ting in his Rent \ or elfe the burden would lie unequally on thefe two Mens Shoul- ders. I. Let what follows ferve for an an- fwer to this and the like Obje&ions: that fuch arguings are ufually guilty of a confufion of Charity and Juftice^ They confider what Charity requires on the Lenders part, and they obl'erveand fet againft it what is juft on the Setters part. It is juft orfthe Setters part, fay they, to require the Rent for the Houfe ; It is juft alio, fay I, on the lenders part, to take UIe for his Money: but yet in this cafe before us, wherein the poor man? 2 5 6 &mroatteerfious on Mr. Capel'g mans condition is confidered, Juftice muft give place to Charity on both hands*, the one for Charities fake muft lend his Money freely} the other for Charities fake muft deal favourably with him, letting his Houfe at a cheaper rate : and in fome Cafes, the one muft be con- tent to forgo his Rent, and the other to lofe his Principal. C-tternm Sciendum ejl latins patere Cha- ntatis quam 'juris Regains. Grot. De Jure, &c. p. 542. For a Clofe to my Difcourfe, I fhall lay down a diflwafive from uncha- ritablcnefs in cenluring Men for Dea- lings in Civil Contracts , farther than they havejuft ground for fo doing. This diffwaftve I fhall ftrengthcn .with a double ground. 1. Becaufe there is a certain Lati- tude in thefe Civil Contracts wherein Juftice walks : the higheft or loweftde- gree of which latitude it were hard for any t« charge with injuftice. This is obferved from Cj rot ins out of Anfto- tie. It is mofl true ( faith Grotiui) what De Jure. Ariftotle hath written, that a certitude 1.2.c.8.§.i c(imo t he found in Morals, equally as in Mathematical Sciences: which therefore happens, becaufe Mathematical Sciences feparate forms from all matter } and be- caufe &{couvft of mfuxy. 2 S s enufe the farrms themfclves for the metl are fuch, that they have no Mediating 5 as there is nit between right and croolgd: But in Atorafsythe kajteircuwflances change the matter and the forms whereby > tis ailed, v have fomewhat placed between them in that* latitude, that approach is made fometime nea- rer to one, fotnetimeto another extream: fay fa between what ought to-be done, and what ought not to be done \ the muMMBis that which is lawful to be done but nearer fometime t-o one, fome time to another extream :■ whence art' ambiguity happens, as ixthe-dawning of the 1 day, ormcold Water Waxing hot. Thus thenj what is right or lawful, irt things of this nature, cotififts not in an in- divilible point, io as that ail that go near this fide, orthatdonot run chemlelves a- ground oninjuftice, fo long as they keep within the general bounds that Nature, Scripture, Reafon and approved Cuftoms have prefcribed to things of that nature. 2. As long as Jntereftis allowed by them as lawful, it is not eafy to condemn ano- ther of wh^t they call. Ufijry *, efpecially when it enters not the bond,and tHeincreafe taken be moderate : for who can judge of another Mans concerns, fo as percmpto- rily to fay, he hath fuffered no prejudice by the loan, or that he might not have in- the mean time improved the fame money to his own advantage? Yea, and fome S Anti- L . i ammaMerfiottg on Mr. Capei,c&; Anti-Ufurers will allow of a Contract alfo for this increafe, fuppofing the Principal be not lufficiently fecured, or any damage be probably fprel'een: in fuch cafes, they lay, it is not Ufury, but an honeft recom- pence for the hazard that is run, or the da- mage probably forefeen, or foregoing the opportunity of improving his Eftate. Therefore I fay, on thefe accounts, if there were no other, there fhould be a for- bearance ofralh cenluring: it becomes eve- ry man to look to his Conlcience, in fuch and the like Dealings and Contrails: that nothing be done to the prejudice of Chrifti- an Charity, Moderation, Equity and Pru- dence *, but in all . things to be careful to do to others, as in the like circumftances they judge it reafonable others fhouM do to theni. The Contents. A ADventuring F(ge 16 Abraham Offering Ifaa£ p. 179 B Sot rowers rep roved p. 218 Borrowing p. 178,227. Bribery p. 236. c Canaanite p. 178,231. Cafe in Nehemiah extraordinary p. 224. Certain gain Contracted for p. 186. Charity confjlent With Juflice p. 45. begins at home p. 209. Clergy p. 54. Common-wealthy whether bitten p. 151, 155,201,244. CompatI p. 11,133. CompaCt fslent p. 137. Confent 0fpartys p. 192,234. Psancef p. 54,55,114. E p. 196. ion p. 50. Expectation of gain p. 12,136. Extortion ' p. 50,65. F Fathers againfi Vfury p. 17,56,66,113. Force p. 149- S 2 G Gratitude Hazards Heathen Hirer The Contents. G H interest Jnter-Vfury Jnjujlife Israelites borrowing I J p. 191. p. 14^,258. p. 18,119. p. 158, if 1. p. 6/23. p. 22,23. p. 51. p. 179,227. p. 12 x. p. 235. p. 241, p.67,172,230. p. 70. p. 74. 103. p. 87,147. Jews Conver[ion hindred Judas his re [lit ut ion. Judicials L Law c/Mofes Judicial Law of Nature L<*ws of Men Lending to the Rich Letting andfetting p. 16,157,29,30,64. Liberalincreafe p. 25,138. Light of Nature p. 212. Lour* of Money worth Money p. 166. Loan, whether it mufibe always free ? p. 13, 66,94, 156, 204 M Money how con fumed in Vfing p. 14, 356. Money no( barren p. x 17, x 71, N Ncctffty in the borrower p.,213. Kefhcck ' p. 49, 62. OOr- The Contents. O Orphans 4nd Widows p. 139,21i. Permijfion p. 175,232,233. Power to transfer a right p. j 94,2 3 8. Promtfe p. 195. Property not altered in Eoan p. 171. Propriety p. 195, Popifh Writers p. 124. S Scheme of Mr.]c \.Cenfur4 p. 161. Shiploan p. 24. Stipulation p. 3 1. Stranger p. 83,232. T Time given for Payment p. 202. Trading p. 152. U Vfury its Definitions p. 9. Defcriptions p. 16 • Vfury not exprejl in N. Tefament p.75. Vfury not againft Equity, Confcience , &c. P-i9q. Zacheus'^ Refiitution p. 243. • • •. ' ■ yCi S 3 Serif- Scriptures debated, or referred to. GEnefis 3.17, &c. 13. 22 4**3* 3- 9- Eaodus;i2. 35,16. J zi. 21. 22.' 14,15. V, 22, •y. 25. 2/. 26. 23'32| 3 5- 1/. 8. Leviticus 25.10, 15. 13. 14. v. 14, 15. v.: 24,25. 35* 36. •v. 37. ■y. 39, ere. Deuteronomy 4. &*£*». 7. 15.1. "Z/% 2j 3* r- f. 6. 7,8. ?■ 156. ? 183. f . !#. p. 184. t8 4 . p. 186. p. re8. ?• m- p. 3 5.87.23 f. T&f. P- U9- p. 68 p. 205,226. f 6 8 . p. 227. p. 69.81.82.214.239. p. 34.35.64.87. p. 227. f. 160. P- 94- 175- p. 67.228. />. 83.85.72. ?• I 5 I * p.43.88.174.214. 2}. 19.20. Scriptures debated, or referred to. 23.19,20. f. 14.21.34.80^82.83.87. r- 35- •y. JO. Nch^miah ^ ■ ■ 10. 31. Pfalms 15.4. *• 5- 37. 21. •y. 20. Proverbs 3. 27. J 9- 1 7* 22. 16. v. 22. 28. 8. Jeremiah 15.10. Ezekiel 18.8. v. 13. Matthew 3. 15. 5. 2. 12.1. 7.12. 25.27. Luke 6. 31. v. 32. •y. 34. »-3S- 14. 12, 13. 16.8. Atts 15.29. Romans 12.8. x Corinthians 6.9,10. 7- 35- p. 20 .91 .22 3« p. 228. p. 175.221.223. p. 4. 67. p. 36.220. p. 36. p. 219. p. 39. p. 95. 207. p. 257. p. 51. 96. p. 67. p. 50. 67. p. 52. p. 176. p. 174* p. 245. p. 98.86.198. p. 32.86. p. 166. p. 25. p. 40. 11.13.36.66.76.171.173. 174.214.247. p. 41. p.41.91. p. 69, p. 219. p. 163. p. 241. 2 Corihthians Seripturis debated, or referred toi 2 Corinthians 8.15. ?• l 9% 12. 4. f. vol Ephefiatis4. 28. p. 8 :3 .215219 5.2. p. 77 CoiotEons 2.22. p. 156 2Theflaionians 3. 8,12. p. 219. 1 Timothy 5.8. p. 102.210. ■ . « w » ^ ' ' • -" * :)' j i ; ^ .,1 1 I C' ' < * I * _ -°e-i .r - - ; ■ -li ■[' 4>M ...ct F I AT / S. .xj . .-s.. ? <*£> ; J ■ > ■ iJiplHH &,■ -v^: ' • ihrJh'